China’s Cyberspace Administration and Ministry of Public Security have jointly issued sweeping new rules to regulate the use of facial recognition technology, aiming to protect personal information and prevent misuse. The “Measures for the Security Management of the Application of Facial Recognition Technology” were formally approved last year and will take effect on June 1, 2025.
The 20-article regulation lays out strict conditions for collecting, storing, and processing facial data, emphasizing transparency, consent, and data minimization. According to the new rules, any organization or individual using facial recognition must inform users clearly and in plain language about the data being collected, the purpose of its use, how long it will be stored, and how individuals can exercise their rights.
One of the most significant provisions is that organizations must provide an alternative to facial recognition if another verification method could achieve the same result. This ensures individuals have the freedom to decline facial scans without being denied access to services.
The law also requires written consent for facial recognition in some cases, particularly when dealing with minors. If the individual is under 14 years old, parental or guardian consent must be obtained. Any entity storing facial information from more than 100,000 individuals must register with provincial-level cybersecurity authorities within 30 working days.
Importantly, the rules ban facial recognition systems in private spaces like hotel rooms, public restrooms, and changing rooms. In public areas, such systems must serve clear public safety needs and feature prominent signage.
The regulation mandates robust technical safeguards such as data encryption, access controls, and intrusion detection. When facial recognition is used to verify identity, it encourages linking to national identity authentication systems to reduce redundant data collection.
Violations will be subject to penalties under existing laws, and criminal prosecution may apply in severe cases. The public is also encouraged to report abuses.
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