Since 1 August 2021, the Supreme People’s Court (“SPC”)’s new judicial interpretation: the Provisions on Several Issues concerning the Application of Law in the Trial of Civil Cases Relating to the Use of Facial Recognition Technologies to Process Personal Information (“Interpretation”) has come into effect.

The Interpretation mainly covers three areas:

Application scope: the Interpretation applies to two kinds of information: (1) information directly processed from face recognition technologies, and (2) facial information generated from face recognition technologies; the Interpretation provides stipulations related to personal information rights and interests, and personality rights and property rights.

Stipulation related to personality rights and liabilities for tort: the Interpretation clarifies the nature and responsibility of abusing face recognition technologies to handle face information from the perspective of personality rights and tort liability;

Contract issues: the Interpretation provides stipulation related to property services, the validity of form terms, liability for breach of contract concerning face recognition technologies.

Source:
http://www.court.gov.cn/fabu-xiangqing-315851.html (Chinese)