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Facial recognition technology (FRT) has been actively deployed by both private and public sectors for a wide range of purposes in China. As the technology has become more prevalent, the laws governing FRT have developed rapidly in recent years. While the use of FRT is increasingly regulated in the country, the regulatory restrictions can be invariably lifted for the reason of public security. Government agencies have consistently claimed this regulatory exemption for their massive FRT deployment. Moreover, the liability for government’s abuse or misuse of personal data is relatively insignificant when compared with that for private parties. Based on recent laws and cases, this chapter explains China’s asymmetric regulatory framework and the factors shaping it.
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