Personal Information Protection Under Artificial Intelligence Technology in China

Personal Information Protection Under Artificial Intelligence Technology in China Presented by: Dr. Armstrong. Chen (Senior Partner of China Dentons) Date: June 2, 2022 Contents 1. Introduction 2. The background 3. The measures Introduction - AI technology has been widely applied in apps of various fields - The AI's wisdom comes from the accurate algorithms which requires collection and application of abundant information - AI can contain sensitive information: 1. Biometric information 2. Health care 3. Financial accounts 4. Personal whereabouts - In practice, we have seen the following problems: 1. Collecting personal information excessively and vaguely. 2. Using AI to collect information for illegal income. The Background Of Personal Information Protection In China 1. Legislation on personal information protection is lagged behind some western countries 2. Before Personal Information Protection Law was promulgated, we have no system on protecting personal information roundly 3. According to Personal Information Protection Law, we can protect our information by civil, administrative and criminal means From The Civil Perspective - Two modes of protecting rights and interests on personal information - The Claim for the Personality Right - The Claim for Tort Damages The Claim For The Personality Right - According to articles 120 and 1167 of the Civil Code 1. Cessation of infringement 2. Removal of obstacles 3. Elimination of danger 4. Elimination of adverse effects 5. Rehabilitation of reputation 6. Extending a formal apology - Injunction Before Litigation 1. To apply to the court for ordering the actor to cease the relevant behavior The Claim for Tort Damages In practice, the test of tort liability includes four elements: 1. Illegal activities 2. Facts of damage 3. Relation between causes 4. Effects and subjective negligence According to the Article 1182 and 1183 of Civil Code, actors shall make 1. Compensation as loss sustained as the result of the tort 2. Compensation for the infliction of mental distress From The Administrative Perspective 1. Administrative department of protecting personal information The Cyberspace Administration of China (CAC) coordinates and manages law enforcement on personal information protection, while local governments need to cooperate.  The CAC is also required to formulate specific rules and standards for new technologies and applications such as face recognition and AI. 2. Administrative Punishments According to Article 66 of Personal Information Protection Law of the PRC. The CAC could: a. Order to take corrective action; b. Warning; c. Confiscate illegal income; d. Order the termination of services by App With serious circumstances, the CAC could: a. Impose a fine of not more than 5% of it or his turnover in the previous year b. Order the suspension of relevant business c. To revoke the relevant business permit d. Impose a fine on directly liable person in charge e. Prohibit person from serving related enterprises Criminal Prosecution According to the Interpretation No. 10 [2017] of the Supreme People's Court, Falls the following circumstances shall be prosecuted: - (3) Illegally obtaining, selling or providing more than 50 pieces of information on the citizen's whereabouts, credit investigation information and property information. - (4) More than 500 pieces of communication records, health and physiological information, transaction information. - (5) More than 5,000 personal information of the other than that as prescribed in items (3) and (4). - (7) Illegally obtaining an illegal income of 5,000 yuan or more. Conclusion As summary, Al: - Brings the convenience - Causes legal risks