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  3. AI-Generated Portraits for Just 9.9 RMB? Lawyer Warns: Firmly Reject Platforms That Forcefully Collect Information
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AI-Generated Portraits for Just 9.9 RMB? Lawyer Warns: Firmly Reject Platforms That Forcefully Collect Information

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  • baoshi.raoB Offline
    baoshi.raoB Offline
    baoshi.rao
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    #1

    Previously, an AI camera mini-program called 'Miao Ya Camera' went viral on social media. Users only needed to upload 21 photos and pay 9.9 RMB to receive professional-style portraits. However, as the mini-program gained popularity, doubts arose, primarily centered around user privacy and data security issues.

    Lawyers advise that if a platform forcibly collects information in bulk, users should firmly refuse, as this could easily lead to data leaks. Reporters noted that the 'Regulations on the Security Management of Facial Recognition Technology Applications (Trial) (Draft for Comments)' also stipulates that the use of facial recognition technology to process facial information must obtain individual consent separately or written consent in accordance with the law.

    Experience

    Pay 9.9 RMB to Receive AI 'Professional Portraits'

    Previously, an AI camera mini-program called 'Miao Ya Camera' went viral on social media. A reporter tested the mini-program and found that creating AI portraits involves three steps: First, upload a front-facing photo, followed by over 20 photos with different expressions and angles to create a 'digital avatar.' Second, select a template to generate the portrait. Third, refine the portrait or download it directly.

    After paying 9.9 RMB, the reporter entered the digital avatar creation process. The system indicated that over 4,000 people were ahead in the queue, with an estimated wait time of six hours. Upon completion, the program generated an 'AI digital avatar' template and produced three sets of 'portraits.' The mini-program offers over 30 templates, including styles like ancient, urban, ID photos, and casual. If the photos don’t resemble the user, they can click the 'More Like Me' button for refinement. The reporter shared the generated photos with friends, who commented, 'Some photos look like you, while others don’t, but they all have a beautified effect.'

    'Not very similar to me,' said one user, 'but the photos are all beautiful and pleasing to the eye.' Many netizens tried it out for fun: '9.9 RMB to experience AI portraits is a good deal—it’s worth posting on social media for entertainment.' Others noted the limited templates, especially for men, and suggested adding more male-oriented options.

    In fact, AI portraits or AI cameras are not new. At the end of May this year, Meitu Camera launched AI portraits, which can quickly generate high-quality portraits based on user models, apply AI makeup, and create scene atmospheres, even in ordinary or messy environments.

    The reporter also tried Meitu Xiuxiu’s 'Variety AI Avatars' mini-program, which requires uploading at least three photos to generate 100 personalized AI avatars for just 9.9 RMB after discounts.

    Concerns

    Are Personal Photos Really Only Used for AI Image Generation?

    However, uploading so many personal photos to the internet and allowing the mini-program to process them via AI raises concerns. 'Are my photos really only used for AI image generation?' some users questioned.

    Observant netizens discovered that Miao Ya Camera's initial user agreement stated: "You hereby grant us a perpetual, irrevocable, transferable, sub-licensable, royalty-free, and non-exclusive license to use your content worldwide (including virtual spaces like the metaverse) in any form, media, or technology (whether now known or later developed)."

    Many users criticized the agreement's overly broad licensing terms, questioning its protection of user privacy and data security. Following the controversy, Miao Ya Camera updated its policy on Weibo, clarifying: "Uploaded photos will only be used for creating digital avatars, neither extracted nor used for identification or other purposes. All images are automatically deleted after avatar generation."

    Additionally, sharp-eyed consumers noted the app's payment page stated: "Services take effect immediately upon purchase. No refunds after successful payment." The Shanghai Consumer Council argued this grayed-out clause potentially violated consumers' fair transaction rights. In response, Miao Ya Camera explained its AI-powered service is considered complete once avatars are generated, though technical failures would qualify for refunds and free regeneration.

    Journalists highlighted that China's draft Facial Recognition Technology Application Security Management Regulations require clear user consent and real-time disclosure of verification purposes when voluntarily using facial recognition.

    Recommendations

    Always carefully review user agreements and privacy policies

    "User photos collected by AI avatar apps constitute sensitive personal information," explained lawyer Liang Yuqi from Guangdong Nanfang Friend Law Firm. While Miao Ya Camera's updated facial data terms now follow the "clear notification" principle and meet legal requirements, proper implementation of protection mechanisms remains crucial.

    Liang emphasized users must protect sensitive personal data (names, addresses, ID numbers, biometrics etc.). When platforms request information, users should scrutinize agreements to verify if collection scope matches functional needs. Blanket data collection demands should be refused to prevent leakage risks.

    Regulators are increasingly monitoring generative AI services. In mid-July, China's cyberspace administration and six other departments issued the Interim Measures for Generative AI Service Management, effective August 15. The rules mandate service providers to:

    • Protect user input/usage records
    • Avoid collecting unnecessary personal data
    • Prohibit unlawful retention/transfer of identifiable information
    • Establish mechanisms for personal data access, correction, and deletion requests
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