Privacy and personal information protection in China’s all-seeing state

Abstract

Abstract The proliferation of artificial intelligence (AI)-enabled facial recognition technology (FRT) in the provision of vital services that depend on accurate identification of individuals within China’s public and private sectors prompted an urgent need to foster discussions regarding regulatory, societal, and ethical concerns. While there are safety and efficiency gains to be obtained through the use of FRT where establishing identity is necessary, these result in potential trade-offs against the individuals’ fundamental rights, most notably, the violation of the right to privacy, and personal information where individuals are neither informed of nor consented to the collection, use, or storage. To address such concerns, China has put in place laws. The adequacy of which in addressing the concerns remains. This paper argues that, while significant progress has been made with the promulgation of several legislations, much more needs to be undertaken in terms of ensuring transparency in decision-making on public uses and obtaining prior mandatory authorization before the deployment of FRT. The paper further suggests the engagement of a multi-disciplinary team of experts to support and guide research, development, and deployment of AI-enabled FRT and other biometric technology as a positive step forward together with the possible adoption of adaptive governance as a framework for future policy design.