September 20, 2021

Volume XI, Number 263

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September 20, 2021

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China Publishes Draft Security Standard on Facial Recognition

On April 23, 2021, the National Information Security Standardization Technical Committee of China published a draft standard (in Chinese) on Security Requirements of Facial Recognition Data (the “Standard”). The Standard, which is non-mandatory, details requirements for collecting, processing, sharing and transferring data used for facial recognition.

The Standard is one of many new proposed standards relating to privacy and cybersecurity in China. As we previously reported, the privacy landscape in China is undergoing significant development, and a proposed personal information protection law is currently under review by the National People’s Congress of the People’s Republic of China.

The Standard includes the following key requirements:

  • Facial recognition should be used only for identification purposes and not to make predictions about individuals (e.g., in relation to their health, work performance or interests);

  • Facial recognition should be used only when an alternative technology not involving the use of facial recognition is insufficient in terms of security or convenience (e.g., for identity verification in airports);

  • Facial recognition should not be used to identify individuals under 14 years of age;

  • Storing facial recognition data is prohibited unless an organization obtains consent; and

  • Facial recognition data generated or collected in China should be stored only in China.

The Standard is open for public consultation until June 22, 2021.

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XI, Number 119
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About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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