The Current Situation and Risk Prevention of Facial Recognition Technology in China A Legal and Governance Perspective

Abstract

Facial recognition technology (FRT) presents profound challenges to existing social and legal frameworks. While enhancing public safety and commercial efficiency, the immutable nature of biometric data and its characteristic of non-consensual collection have raised significant concerns regarding systemic erosion of privacy. This paper argues that the current regulatory system faces multiple dilemmas: the substantive failure of the traditional "informed consent" framework when confronted with technological reality, coupled with insufficient remedies for infringement and fragmented regulatory oversight. Although China has recently established a specialized governance framework through the Personal Information Protection Law of the People's Republic of China and the Security Management Measures for the Application of Facial Recognition Technologies, achieving a sustainable balance between technological innovation and the protection of citizens’ rights necessitates further systemic efforts. These include constructing a refined legislative system based on "risk-tiering and scenario-differentiation," implementing a dynamic regulatory mechanism characterized by "collaborative penetration and data-intelligent empowerment," expanding diversified rights protection channels that integrate public interest litigation with individual remedies, and fostering an industry co-governance ecosystem guided by "ethical internalization and standard leadership." This paper aims to offer a theoretically grounded framework and practical guidance for clarifying the boundaries of FRT applications and improving its systematic legal regulation, ultimately contributing to a stable and predictable governance equilibrium.