Facial recognition, deep fake: What China's Civil Code means for privacy protection

guest · May 29, 2020

Facial recognition, deep fake: What China's Civil Code means for privacy protection
May 27, 2020
https://english.cctv.com/2020/05/27/ARTIIXJlRte0kwcdA6KfrT1b200527.shtml

China's draft civil code, which provides the overarching legal framework for non-criminal disputes, is now under deliberation at the annual session of the 13th National People's Congress (NPC).

The draft regulates many aspects of life in China, including property, marriage and torts, to name a few. Among the provisions that attracted the most attention in the draft is a section on personality rights which details a legal framework for privacy rights and personal information protection.
New applications like deep fake and the increasingly wide use of facial recognition technology have forced our notion of privacy to collapse.

"We have become transparent and there is no such thing as privacy and security," said Li Shufu, chairman of Geely Automobile, in a 2018 speech that echoes the thoughts of many in China.
Click to expand...

For the first time, privacy and private information are defined statutorily in the draft civil code.

The Civil Code, if adopted by the NPC, theoretically has higher legal authority than other laws and standards on data privacy passed by such legislative bodies as the NPC Standing Committee, he noted.

"The regulation over biometric information in the draft civil code shows that legislators are trying to balance between security and innovation, taking a cautious approach to the application of facial recognition technology," Wu Shenkuo, assistant dean of the Internet Institute of Beijing Normal University, told CGTN.
The draft civil code provides an institutional basis for the protection of civil rights by offering legal remedies, and it helps raise people's awareness about their rights, it helps maintain social order and improves the rule of law, he added.
Click to expand...

guest · Jul 10, 2020

Privacy and Personal Information Protection Under the Civil Code of China
July 10, 2020
https://www.huntonprivacyblog.com/2...ion-protection-under-the-civil-code-of-china/

The Civil Code of China (the “Civil Code”) was approved by the National People’s Congress of China on May 28, 2020 and will take effect January 1, 2021. Part Four of the Civil Code explicitly stipulates that the “Right of Privacy” is one of the “Rights of Personality” covered therein and includes a chapter on “Privacy and Personal Information Protection,” which contains detailed provisions to protect privacy and personal information.

The Civil Code, which has caused heated discussions recently in China, will be the first Code of the People’s Republic of China since its establishment.
The General Principles of the Civil Law promulgated in 1986 did not recognize the Right of Privacy as one of the “Rights of Personality.”
Click to expand...

Privacy
Chapter Six of Part Four of the Civil Code (“Chapter Six”) defines Privacy as “a natural person’s peace of life and the private space, private activities and private information which he/she is unwilling to let others know,” and it lists the following actions [...]
Personal Information
As previously discussed on this blog, the Cybersecurity Law promulgated in 2017 systematically regulates the protection of personal information, and the Civil Code, jointly regulating this area, details, extends and develops the Cybersecurity Law in certain respects. [...]
Tort Liability
Chapter Seven of the Civil Code covers “the Tort Liabilities,” and contains several articles relating to network infringement, which may include all manner of infringement (including infringement relating to privacy or personal information). [...]
Click to expand...

Log in or Sign up

Facial recognition, deep fake: What China's Civil Code means for privacy protection

guest Guest

guest Guest

Log in or Sign up

Facial recognition, deep fake: What China's Civil Code means for privacy protection

guest Guest

guest Guest

Useful Searches