does it count if i use someone else’s image to pass facial verification?
2024-09-16
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on the afternoon of september 13, the shandong higher people's court held a press conference on the administrative trial work of shandong courts, reported on the administrative trial work of shandong courts in 2023, and released the top ten typical administrative cases of shandong courts in 2023. one of them involved the use of non-personal images to pass facial verification.
【basic facts】
a trading company was established in 2019. the shareholders are du, zha and cui, who hold 80%, 10% and 10% of the company's equity respectively. du is the legal representative. on april 15, 2022, the company submitted a preliminary application through the internet, applying to change 80% of the equity from shareholder du to fan, 10% of the equity from shareholder zha to cui, and the legal representative from du to fan, and submitted the corresponding electronic materials at the same time. in the afternoon of the same day, du, zha, cui and fan completed the face verification through a "certain wechat applet". on april 18, the administrative approval service bureau of a certain district handled the change registration based on the company's application. du and zha filed a lawsuit in this case on the grounds of ignorance, requesting the cancellation of the change registration. after identification, the facial recognition images of "du" and "zha" when handling equity transfer through the internet were not themselves.
【judgement】
after trial, the qingdao intermediate people's court held that the registration authority has the obligation to verify the identity of the applicant during the registration process. the purpose of introducing digital facial recognition technology is to use high-tech identity recognition technology to assist in identity verification. the registration authority's obligation to verify the identity of the applicant is not exempted due to the introduction of a third-party technical system. for image information that has passed facial recognition, the registration authority still has the obligation to conduct a formal review. for obviously false facial image information, the registration authority shall conduct a screening and exclude it before making a registration. when the registration in question was made, due to technical conditions, the third-party technical service company failed to promptly transmit the facial recognition image back to a district administrative approval service bureau, and the bureau failed to perform its review obligations in accordance with the law. based on the fact that the facial recognition information of du and cha was false, the court ruled to revoke the change registration.
【typical significance】: the review obligations of administrative registration authorities are not exempted due to information technology identification
the promotion of online registration of market entities and the use of facial recognition technology systems to complete remote identity verification of relevant personnel are important measures to further optimize government services and fully unleash the vitality of market entities. in this case, the people's court revoked the illegal registration behavior in accordance with the law, reminding administrative registration authorities not to ignore the obligation to review the identity of applicants due to the introduction of auxiliary identity verification systems such as third-party facial recognition, so as to ensure that the evidence is accurate and sufficient when the registration is made, and prevent the occurrence of false registration under the new situation.
(reporter yang fan of dazhong news and correspondent zhu lijun)
