Whether it is illegal to brush your face in the community to enter

Community access control face brushing does not infringe on portrait rights, it is just a measure for the community to protect the safety of residents, and it is an effective measure to protect the vital interests of residents.

Legal analysisThe community access control face brushing is not used for commercial use, but is a practice to protect the safety of citizens, so residents should not feel that they have been infringed. Community access control face brushing is not considered for-profit. Whether for-profit is a constitutive element of infringement of portrait rights, and whether it is the boundary between fair use and unreasonable use, mainly depends on different understandings of relevant laws and relevant judicial interpretations of the Supreme Court.

A portrait is an external image that can be identified by a specific natural person reflected on a certain carrier by means of images, sculptures, paintings, etc. According to the relevant laws and regulations, "citizens enjoy the right of portraiture, and the portrait of citizens may not be used for profit without the consent of the person". The right of portraiture is a kind of personality right enjoyed by natural persons with the content of the personality interests embodied in their portraits.

The right of portraiture includes the right of citizens to own their own portraits, the exclusive right to make and use their portraits, and the right to prohibit others from illegally using their portrait rights or to damage or tarnish their portrait rights. At present, both in the academic and practical circles, some people argue that for-profit purposes infringe on the constitutive elements of portrait rights. The content of this article can be expressed in another sentence, that is, "citizens may use the likeness of citizens for non-profit purposes without their consent".

Therefore, Article 100 actually clarifies the boundary between fair use and unreasonable use for profit-making purposes, which is one of the constitutive elements of infringement of portrait rights.

Legal basisCivil Code of the People's Republic of China Article 1020:Where the following conduct is reasonably carried out, the consent of the portrait rights holder may be carried out without the consent of the portrait rights holder: (1) using the portrait rights holder's already disclosed portrait to the extent necessary for personal study, art appreciation, classroom teaching, or scientific research; (2) Inevitably producing, using, or disclosing the portrait of the portrait rights holder for the purpose of carrying out news reporting; (3) In order to perform their duties in accordance with law, state organs are to produce, use, and disclose portraits of portrait rights holders to the extent necessary; (4) Inevitably producing, using, or disclosing the portrait of the portrait rights holder for the purpose of displaying a specific public environment; (5) Other acts of producing, using, or disclosing the portrait of the portrait rights holder for the purpose of preserving the public interest or the lawful rights and interests of the portrait rights holder.

At present, this is not suspected of violating the law, because this is generally to protect the safety of residents in the community.

Now is a special period, and it is understandable to use face brushing to enter the community in order to effectively control the epidemic.

Cybersecurity Law: Faces belong to personal biological information and personal privacy. When you bought a house, did you say that you had to brush your face before you let in? Since you haven't said it, why does your personal biometric information have to be monitored by others to have free access?

Is it illegal to brush your face into the community? You understand the law too broadly, right? Brush your face into the community to show that the community access control is strict and safe, you will not be a non-community member with ulterior motives, right?

If it is determined that it is illegal, this can go to court to sue.

Since people stipulate it like this, of course, it can't be considered illegal

Legal Analysis: It is illegal for the community to enforce face recognition access control. The personal information of natural persons is protected by law, and facial information is sensitive personal information. Facial recognition entry in the community should be based on the principle of voluntary, and residents should not be forced to use it.

Legal basis: Article 1034 of the Civil Code of the People's Republic of China: The personal information of natural persons is protected by law. Personal information refers to all kinds of information recorded electronically or otherwise that can identify a specific natural person, either alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, ** number, email address, health information, whereabouts information, etc.

For the private information in personal information, the provisions on privacy shall apply; Where there are no provisions, the provisions on the protection of personal information shall apply.

Legal Analysis: Legal. Now many communities, will use face recognition access control, which is legal, so that can more efficiently ensure the safety of every owner, now many communities in order to ensure the personal safety and property safety of the owners, have enabled face recognition access control, and for most owners are very beneficial.

After setting up face recognition access control, strangers can't enter the community, so that the community doesn't have to worry about thieves even if it is not closed.

Legal basis: Article 1033 of the Civil Code of the People's Republic of China Except as otherwise provided by law or with the explicit consent of the right holder, no organization or individual may carry out the following acts: (1) Intruding on the peace and tranquility of others' private lives by means such as **, text messages, instant messengers, electronic mail, leaflets, etc.; (2) Entering, photographing, or peeping into other people's residences, hotel rooms, or other private spaces; (3) Photographing, peeping, eavesdropping, or disclosing the private activities of others; (4) Photographing or peeping into the private parts of others' bodies; (5) Pretending to be noisy and handling others' private information; (6) Infringing on the privacy rights of others in other ways.

Legal analysis: The use of facial recognition access control should be subject to the consent of more than half of the owners. When installing a facial recognition access control system in a community, if the owner agrees to enter and collect facial information, the property can retain the owner's information.

If the owner is unwilling to use it, then the property can allow the owner to enter and exit the community freely through passwords, access keys and other channels. If the property forces the owner to use a facial recognition access control system, it is illegal.

Legal basis: "Cybersecurity Law of the People's Republic of China" Article 44 No individual or organization may steal or obtain personal information by other illegal means, and must not illegally provide personal information to others.

Legal analysis: It is illegal, because it is necessary to identify the personal information of residents by swiping their faces, which means that residents' personal information may be leaked. At the same time, in the provisions of the Supreme People's Court of the People's Republic of China on several issues concerning the application of law in the trial of civil cases related to the use of facial recognition technology to process personal information, property management service enterprises or other building managers use facial recognition as the only verification method for owners or property users to enter and exit the property management service area, and if the owners or property users who do not agree request that they provide other reasonable verification methods, the people's courts shall support it in accordance with law.

Legal basis: Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Related to the Use of Facial Recognition Technology to Process Personal Information? Where property management service enterprises or other building managers use facial recognition as the only verification method for owners or property users to enter and exit the property management service area, and the owners or property users who do not consent to the property request that they provide other reasonable verification methods, the people's courts shall support them in accordance with law.

Where property management service enterprises or other building managers have the circumstances provided for in article 2 of these Provisions, and the parties request that the property management service enterprises or other building managers bear tort liability, the people's courts shall support it in accordance with law.

Summary. Hello, enter the property in the community. For permanent residents in the community, the information has been pre-stored through the identity entry and portrait collection system, and you can directly enter it by brushing your face; For tenants in the community, they should bring the lease contract, register with the property first, and then enter their face information; For visitors, it is also subdivided, and relatives and friends who often come and go of permanent residents can enjoy the same treatment, and they can obtain access permits by collecting and entering portraits in advance; Occasional visitors or courier delivery boys should be registered in detail at the doorman's security office.

Once a suspicious person is brushed with his face, the system will automatically alarm to ensure the safety of residents and the safety of the community.

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Hello, enter the property in the community. For permanent residents in the community, through identity entry and portrait rolling, the information that has been pre-stored in the collection system can be directly entered by swiping their faces; For tenants in the community, they should bring the lease contract, register with the property first, and then enter their face information; For visitors, relatives and friends who often come and go can enjoy the same treatment, and the portrait collection and entry can be carried out in advance, and the access permit can be obtained; Occasional visitors or courier delivery boys who come to visit the brother's trail should register in detail at the doorman's security office. Once a suspicious person is brushed with his face, the system will automatically alarm to ensure the safety of residents and the safety of the community.