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The risk of infringement can not be ignored

via:博客园     time:2021/3/7 21:10:26     readed:128

In this regard, some netizens questioned: there are many technical and legal risks behind this seemingly national entertainment carnival. Some media also put forward risk tips such as face payment.

With the development of face recognition, most of the acquisition terminals have been upgraded from 2D detection to 3D detection technology. Combined with the light sensing and deep sensing technology of human body, combined with tens of thousands of invisible light points for comprehensive recognition, it is almost impossible for photos to replace the living face. In the normal environment, it is impossible to unlock and pay with other people's photos alone.

However, to put it to the extreme, when using 3D printing technology to make face, without adding other living dynamic perception, there may be blind areas for face recognition. But this is the result only in the laboratory environment. When ordinary users only provide photos or videos, face recognition will not be deciphered.

Suspected of infringing portrait right?

From the perspective of personality rights in the civil code, the direct consequence of using other people's photos to make short videos is to bear tort liability.

According to the civil code, no organization or individual may infringe upon the portrait right of others by defacing, defacing, or forging by means of information technology. For the purpose of entertainment, netizens upload other people's photos, display and spread them on the Internet by means of biological dynamic technology and short video. This kind of behavior does not belong to the scope of reasonable use of portrait right stipulated by law.

In particular, some portraits of public figures are made into funny videos. Because the commercial personality rights of public figures are more valuable than ordinary people, once they are sued for infringement, the amount of compensation may be very large. Combined with these, the impact of network information dissemination is very high, the number of hits and forwarding degree are very large, once sued, the uploader may not be worth the loss.


Portrait right belongs to a kind of civil right. Safeguarding rights is a way of exercising rights, and not safeguarding rights is also a way of exercising rights. Generally speaking, public figures are unlikely to sue the uploaded Internet users to the court for three reasons.

First of all, compared with ordinary people, the personality rights such as the right to portrait of public figures should be derogatory to a certain extent. In addition to fabricating facts, maliciously defaming or commercial use, other appeals are difficult to be supported by the court;

Finally, the divine idea of brainwashing by the whole people may bring the relationship between themselves and the public closer, so there is no need to be thankless.

Of course, from the perspective of personal information security and privacy, uploading photos of yourself and others may involve infringement of privacy.


Screenshots of △ image source short video platform.

First of all, when taking a group photo with others, a single subject uploads the photo and video without authorization, which involves infringement of other people's privacy, portrait right and personal information right. Therefore, if netizens want to get a wave of heat, whether from the legal point of view or from the moral point of view of interpersonal communication, they should also ask others' opinions in advance for group photos.

Finally, the face recognition information of minors under 14 years old has special protection. Whether it is the civil code, the law on the protection of minors, the law on the protection of personal information (Draft) and the relevant provisions promulgated by the state network information office, the personal information of children under the age of 14 should be specially protected. Without the explicit consent of the child's guardian, the personal information of children, including facial features, should not be passed on casually.

First, photos and videos without the permission of others should not be uploaded on their own; second, minors' video and photo information should not be spoofed or uploaded; third, videos should not be produced by entrusting a third party.

Generally speaking, the protection of users' personal information by big Internet companies is in place, while other video producers are mixed up. In the process of entrustment, they hand over their phones, wechat, photos, videos and payment information to small workshops, among which the hidden danger of security far exceeds the joy factor. This needs to be vigilant!

Exclusive interview with he Xiaorong, vice president of Supreme Court of Justice: portrait right, voice and personal information protection will be strengthened

With the rapid development of the Internet, the right of reputation, privacy and other personality rights disputes are emerging. In 2019, there will be about 177000 cases of personality right disputes in courts nationwide, which is nearly ten times more than ten years ago.

During this year's NPC and CPPCC sessions, Beijing News interviewed he Xiaorong, vice president of the Supreme People's court. Regarding the judicial governance of the Internet, he revealed that the next step is to improve the judicial protection mechanism for the rights and interests of personal information such as biological and social data of natural persons, and grasp the boundary between the development of information technology and the protection of personal information.

Beijing News: with the development and popularization of Internet social media, the protection of privacy, reputation, honor and other personality rights has attracted increasing attention. How do people's courts protect citizens' online rights and interests? What are the difficulties in the judgment of related cases?

He Xiaorong: the development of social network has caused a large number of personality disputes such as reputation right and privacy right. In terms of the number of cases, in 2019 alone, there were 177135 cases of personality rights disputes in courts across the country, an increase of nearly ten times compared with ten years ago.

Moreover, in order to strengthen the judicial governance of the Internet and the protection of citizens' rights, Beijing, Hangzhou and Guangzhou have set up internet courts to hear 11 kinds of cases including Internet infringement, opening up a new path for the development of Internet justice and the protection of citizens' online rights and interests.

In the second half of last year, in accordance with the provisions of the civil code, the Supreme People's court complied with the new requirements and expectations of the people for the protection of human dignity and human rights in the new era, revised and cleared the judicial interpretation of the disputes over human rights, increased the provisions of voice protection, personal information protection, application for prohibition of infringement of human rights and other civil cases, and improved the judicial rules for the protection of human rights Then.

In the next step, the Supreme People's court will take the issue as the guidance, strengthen the application guidance and judgment rules research of new provisions such as portrait right, voice and personal information protection, application for injunction of personality right infringement, compensation for spiritual damage in breach of contract, improve the judicial protection mechanism of biological and social data and other legitimate rights and interests of natural persons, and grasp the relationship between the development of information technology and personal information protection Boundary, balance the relationship between personal information protection and public interest.

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