The National Human Rights Commission (NHRC) said on the 13th that it recommended the Minister of the Ministry of Science and ICT carefully reconsider the policy to mandate facial authentication when activating mobile phones.

As voice phishing and other financial fraud using burner phones emerged as a social problem, the government has been pushing to introduce facial authentication in the mobile phone activation process for the three mobile carriers and budget phone operators. A pilot program began in Dec. last year, and full implementation is set to start on the 23rd.

People pass by a mobile phone store in Seoul on Dec. 23 last year as a pilot procedure shifts from presenting an ID to verifying identity by taking a facial photo with the PASS app. /Courtesy of Yonhap News Agency

Facial authentication is a method that verifies identity by comparing an ID photo with a real-time facial video. The government expects it will help block the activation of burner phones using someone else's ID or forged and altered IDs.

However, the National Human Rights Commission (NHRC) noted that biometric information extracted from facial videos and similar data constitutes sensitive personal information that is difficult to change, meaning that if leaked, harm may be hard to remedy.

The National Human Rights Commission (NHRC) also determined that, in a situation where mobile phones function as essential infrastructure providing access across administrative, social, and economic activities—including financial transactions, use of public services, mobile identification, and participation in platform work—mandating facial authentication for mobile phone activation could affect not only the right to informational self-determination but also the freedom of communication, freedom of expression, and the right to know.

In particular, it assessed that sensitive information is being mechanically demanded of the vast majority of mobile phone activation applicants who are unrelated to crime, and that the procedure is being applied as mandatory without sufficient alternative means for older adults, people with disabilities, and the digitally vulnerable who do not wish to provide or have difficulty providing biometric information.

There are also aspects of insufficient legal basis. The Immigration Act explicitly provides grounds for collecting and using the biometric information of nationals and foreigners during immigration screening. The Electronic Financial Transactions Act also specifies biometric information as one of the access media for electronic financial transactions.

However, under the Telecommunications Business Act, methods of verifying identity are limited to the "presentation of certificates and documents," such as a resident registration card, and there is no provision regarding the use of biometric information.

Accordingly, the National Human Rights Commission (NHRC) recommended that the Minister of the Ministry of Science and ICT (MSIT), when introducing a policy to mandate mobile phone facial authentication, should: establish in relevant laws and regulations the grounds for the collection, use, retention, and destruction of biometric information extracted from facial videos and the like; prepare alternative means to facial authentication; disclose information on the safety of facial authentication technologies transparently; and, after conducting regular security inspections of the entire process of collecting, using, retaining, and destroying biometric information, publish the results.

The National Human Rights Commission (NHRC) said, "We believe it is necessary to enhance trust by explaining in detail to the public information regarding the collection, use, retention, and destruction of biometric information," adding, "We will continue to review and implement institutional improvements to protect human rights amid the rapidly developing digital technology environment."

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