住宅小区人脸识别门禁系统的应用风险及其法律规制

On the Application Risk of Face Recognition Access Control System in Residential Districts and Its Legal Regulation

当前,因疫情防控需要,住宅小区人脸识别门禁系统正在被广泛应用。人脸识别系统在给民众带来生活便利的同时,也带来了不可忽视的应用风险。具体体现为:业主知情同意机制失灵的风险、业主信息权益被侵犯的风险和信息采集程序不正当的风险。其原因为:人工智能相关立法的效力等级低、法律执行不到位、算法黑箱导致程序不透明和监管方式不完善。人脸识别技术应用于住宅小区门禁系统的法律规制路径为:制定隐私保护法律法规,由知情同意机制向合规义务机制转移,加强中央与地方的协同规制,政府与企业公私合作共建“云平台”。

at present, due to the needs of epidemic prevention and control, face recognition access control systems in residential districts are being widely used. While the face recognition system brings convenience to the people, it also brings application risks that cannot be ignored. The specific manifestations are: the risk of failure of the owner’s informed consent mechanism, the risk of the owner’s information rights and interests being violated, and the risk of improper information collection procedures. The reasons for those are: the low level of effectiveness of AI-related legislation, inadequate legal enforcement, and algorithmic black boxes that lead to opaque procedures and imperfect supervision methods. The legal regulation way for the application of face recognition technology to residential area access control system is as follows: formulate privacy protection laws and regulations, shift from informed consent mechanism to compliance obligation mechanism, strengthen the coordinated regulation between central and local governments, and jointly build “cloud platform” through public-private cooperation between the government and enterprises.