Face recognition collection should comply with relevant laws and regulations. According to the law, citizens have the right to portrait, and they are not allowed to use their portraits for profit without their consent. Face recognition belongs to biometric information recognition, which belongs not only to personal information, but also to personal sensitive information. Once personal sensitive information is leaked, illegally provided or abused, it may endanger personal and property safety and easily lead to personal reputation, physical and mental health damage or discriminatory treatment. These Provisions shall apply to civil cases caused by information processors using face recognition technology to process face information or face information generated based on face recognition technology in violation of the provisions of laws, administrative regulations or the agreement of both parties. The processing of face information includes the collection, storage, use, processing, transmission, provision and disclosure of face information.
With the development of science and technology, many intelligent tools in our life have facilitated our life. For example, face recognition technology is a technology that we often use now. However, for face recognition technology, there are many business occasions that we need to use reasonably. If you don't protect your personal information, it will easily lead to the illegal use of your face and infringe on your personal rights and interests.
Contents of the national information security level protection system:
On the first level, after the information system is destroyed, it will harm the legitimate rights and interests of citizens, legal persons and other organizations, but it will not harm national security, social order and public interests.
On the second level, after the information system is destroyed, it will seriously damage the legitimate rights and interests of citizens, legal persons and other organizations, or damage social order and public interests, but it will not endanger national security.
At the third level, if the information system is destroyed, it will cause serious damage to social order and public interests, or damage to national security.
The fourth level, after the information system is destroyed, it will cause particularly serious damage to social order and public interests, or to national security.
The fifth level, after the information system is destroyed, it will cause particularly serious damage to national security.
Legal basis:
1, People's Republic of China (PRC) Civil Code
Article 1 1 1
Personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information.
2. Constitution of People's Republic of China (PRC)
Article 38
The personal dignity of People's Republic of China (PRC) citizens is inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
Article 40
People's Republic of China (PRC) citizens' freedom and privacy of communication are protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation.
3. Criminal Law of People's Republic of China (PRC)
Article 246
Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Article 252
Whoever conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253
Whoever, in violation of the relevant provisions of the state, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph. Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.
4. General Principles of Civil Law of People's Republic of China (PRC)
Article 100
Citizens have the right to portrait, and their portraits shall not be used for profit without their consent.
Article 101
Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
5. People's Republic of China (PRC) Tort Liability Law
second
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.