---
title_en: "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving the Use of Facial Recognition Technology to Process Personal Information"
title_zh: "最高人民法院关于审理使用人脸识别技术处理个人信息相关民事案件适用法律若干问题的规定"
abbreviation: "FRT Judicial Interpretation"
hierarchy: "judicial"
issuing_body: "Supreme People's Court"
adopted_date: 2021-06-08
effective_date: 2021-08-01
status: "effective"
related_laws: ["pipl", "civil-code-personal-info"]
domains: ["personal-information", "enforcement"]
url: https://datacompliancechina.com/laws/facial-recognition-judicial-interpretation/
summary: "The Supreme People's Court's interpretation of how civil courts should apply law in cases involving facial recognition. Defines what counts as 'processing facial information', enumerates conduct that infringes personality rights, addresses consent validity (mandatory consent through a service agreement is not valid), and sets out remedies and burden-of-proof allocation. Issued before PIPL took effect but designed to interoperate with PIPL's sensitive-personal-information regime."
---
**Promulgated by:** Supreme People's Court.  
**Document No.:** Fa Shi [2021] No. 15.  
**Adopted at the 1841st Meeting of the Judicial Committee of the Supreme People's Court on June 8, 2021. Effective August 1, 2021.**

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**Article 1.** These Provisions shall apply to civil cases arising from the use of facial recognition technologies by information processors to process facial information or process facial information generated on the basis of facial recognition technologies in violation of laws, administrative regulations or the agreement between both parties. The processing of facial information includes the collection, storage, use, processing, transmission, provision and disclosure of facial information. For the purpose of these Provisions, facial information is the "biometric information" as specified in Article 1034 of the Civil Code.

**Article 2.** Where an information processor falls under any of the following circumstances in the processing of facial information, the People's Court shall determine that it is an infringement upon the personality rights and interests of a natural person: (I) using facial recognition technologies to verify, recognize or analyze faces in such business places or public places as hotels, shopping malls, banks, stations, airports, stadiums and gymnasiums or entertainment venues in violation of laws and administrative regulations;

(II) failing to disclose the rules for the processing of facial information or to clearly indicate the processing purpose, method and scope;

(III) where the processing of facial information is subject to an individual's consent, the sole consent of the natural person or his/her guardian is not obtained, or the written consent of the natural person or his/her guardian is not obtained in accordance with laws and administrative regulations;

(IV) violating the purpose, method and scope of the processing of facial information as expressly indicated by the information processor or agreed between both parties;

(V) failing to take due technical measures or other necessary measures to ensure the security of facial information it collects and stores, which results in the disclosure, falsification or loss of facial information;

(VI) providing facial information to others in violation of the provisions of laws and administrative regulations or the agreement between both parties;

(VII) processing facial information in violation of public order and good customs; and

(VIII) other circumstances under which facial information is processed in violation of the principles of legality, legitimacy and necessity.

**Article 3.** When determining that an information processor shall bear civil liability for its infringement upon the personality rights and interests of a natural person, the People's Court shall apply Article 998 of the Civil Code and, in light of the specific circumstances of the case, comprehensively consider whether the victim is a minor, the notification of consent, the necessity for information processing and other factors.

**Article 4.** Under any of the following circumstances, if the information processor defends itself on the ground that it has obtained the consent of the natural person or his/her guardian, the People's Court shall not support such defense: (I) where the information processor requires the natural person to agree to process his/her facial information before providing a product or service, unless the processing of such facial information is necessary for providing the product or service;

(II) where the information processor requires the natural person to agree to process his/her facial information by bundling such consent with any other authorization; or

(III) other circumstances under which the information processor forces or forces in a disguised manner a natural person to agree to process his/her facial information.

**Article 5.** Under any of the following circumstances, if the information processor claims that it shall not bear any civil liability, the People's Court shall support such claim according to law: (I) where the processing of facial information is necessary for responding to a public health emergency or for protecting the life, health and property safety of a natural person;

(II) where the facial recognition technology is used in public places in accordance with the relevant provisions of the State for the purpose of maintaining public security;

(III) where the facial information is processed within a reasonable scope to carry out such activities as news reporting and supervision by public opinions for the public interest;

(IV) where the facial information is reasonably processed within the scope agreed by the natural person or his/her guardian; or

(V) other circumstances as prescribed by laws and administrative regulations.

**Article 6.** Where a party concerned requests the information processor to bear civil liability, the People's Court shall determine the burden of proof of both parties in accordance with Article 64 of the Civil Procedure Law, Articles 90 and 91 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, and the Several Provisions of the Supreme People's Court on Evidence in Civil Procedures. Where the information processor claims that its conduct falls under the circumstances as prescribed in Paragraph 1 of Article 1035 of the Civil Code, it shall bear the burden of proof for the facts on which such conduct is based. Where the information processor claims that it shall not bear civil liability, it shall bear the burden of proof to the extent that its conduct falls under the circumstances as prescribed in Article 5 hereof.

**Article 7.** Where several information processors, when processing facial information, infringe upon the personality rights and interests of a natural person, and the natural person claims that the multiple information processors shall bear tort liability based on the degree of fault and the extent of damage caused, the People's Court shall uphold such claim; where the corresponding circumstances as prescribed in Article 1168, Paragraph 1 of Article 1169, Article 1170 and Article 1171 of the Civil Code are met, and the natural person claims that the multiple information processors shall bear joint and several liability, the People's Court shall uphold such claim. Where an information processor, when processing facial information by using network services, infringes upon the personality rights and interests of a natural person, Articles 1195, 1196 and 1197 of the Civil Code and other provisions shall apply.

**Article 8.** Where an information processor, when processing facial information, infringes upon the personality rights and interests of a natural person, and the natural person claims compensation for property damage in accordance with Article 1182 of the Civil Code, the People's Court shall uphold such claim according to law. The reasonable expenses paid by the natural person in order to stop the infringement may be determined as property losses as prescribed in Article 1182 of the Civil Code. Reasonable expenses include reasonable expenses incurred to the natural person or his/her agent for investigation and collection of evidence on the infringement. The People's Court may, at the request of the party concerned and in light of the specific circumstances of the case, include the reasonable attorney's fees into the scope of compensation.

**Article 9.** Where a natural person has evidence to prove that an information processor is committing or will commit any act infringing upon his/her right to privacy or other rights and interests of personality by using a facial recognition technology, and that his/her legitimate rights and interests will be damaged irreparably if such act is not stopped in time, and he/she applies to a People's Court for taking measures to order the information processor to stop the relevant act, the People's Court may, as the case may be, issue an injunction against the infringement upon the personality right in accordance with the law.

**Article 10.** Where a property service enterprise or any other building manager uses facial recognition as the only means of authentication for owners or property users to enter or leave the property service area, and an owner or property user who disagrees on such means requests it to provide other reasonable means of authentication, the People's Court shall uphold such request according to law. For a property service enterprise or any other building manager falls under any of the circumstances specified in Article 2 hereof, if a party concerned claims that the property service enterprise or the building manager shall bear tort liability, the People's Court shall uphold such claim according to law.

**Article 11.** In the event that an information processor adopts standard terms to enter into a contract with a natural person, requiring the natural person to grant it such rights as unlimited, irrevocable or sub-authorizable authorization to process facial information, if the natural person claims to confirm the invalidity of the standard terms in accordance with Article 497 of the Civil Code, the People's Court shall uphold such claim according to law.

**Article 12.** Where an information processor, in violation of the agreement, processes facial information of a natural person and the natural person claims that the information processor shall bear the liability for breach of contract, the People's Court shall uphold such claim according to law. If the natural person filing the said claim requests the information processor to delete facial information, the People's Court shall uphold such request according to law; where the information processor defends itself on the ground that both parties fail to make an agreement on the deletion of facial information, the People's Court shall not uphold such defense.

**Article 13.** Where disputes arise in relation to the processing of facial information by the same information processor, which infringes upon the personality rights and interests of natural persons, and multiple victims sue separately in the same People's Court, the People's Court may, with the consent of the parties, consolidate the trials of the cases.

**Article 14.** Where the processing of facial information by an information processor complies with the relevant provisions of Article 55 of the Civil Procedure Law, Article 47 of the Law on the Protection of Consumers' Rights and Interests or other laws on civil public interest lawsuits, and the authorities and relevant organizations specified by the law institute civil public interest lawsuits, the People's Court shall accept such case.

**Article 15.** These Provisions shall apply to the circumstance where, after the death of a natural person, the information processor processes his/her facial information in violation of the provisions of laws or administrative regulations or the agreement between both parties, and the close relative of the deceased requests the information processor to bear civil liability in accordance with Article 994 of the Civil Code.

**Article 16.** These Provisions shall come into force as of August 1, 202(I) These Provisions shall not apply to the circumstance where an information processor's use of facial recognition technologies to process facial information or processes facial information generated by facial recognition technologies has occurred prior to the effectiveness of these Provisions. PAGE/NUMPAGES PAGE/NUMPAGES