The Supreme People's Court issued, on 28 July 2021, provisions on the application of law in civil cases related to the use of facial recognition technology. In particular, the provisions clarify that the processing of facial information includes the collection, storage, use, transmission, transfer, and disclosure of facial information. Moreover, the provisions highlight that where an information processor processes facial information under any of the following circumstances, the Supreme People's Court shall determine that it is an act infringing on the personal rights and interests of a natural person, namely where:

• the rules for processing facial information are not disclosed, or the purpose, method, and scope of processing are not explicitly stated;
• processing facial information based on personal consent without the separate consent of the natural person or his guardian, or without the written consent of the natural person or his guardian in accordance with the provisions of laws and administrative regulations;
• violating the purpose, method, and scope of processing facial information expressed by the information processor or agreed by both parties;
• failing to take due technical measures or other necessary measures to ensure the safety of collected and stored facial information, resulting in the disclosure, tampering, and loss of facial information;
• providing facial information to others in violation of the provisions of laws, administrative regulations, or the agreement of both parties;
• processing facial information against public order and good customs; and
• other situations in which facial information is processed in violation of the principles of legality, legitimacy, and necessity.

Furthermore, the provisions note that they apply to civil cases arising from the use of facial recognition technology to process facial information or facial information generated based on facial recognition technology by information processors in violation of the provisions of laws and administrative regulations or the agreement of both parties.

The provisions entered into force on 1 August 2021.

You can read the press release here and the provisions here, both only available in Chinese.