A policy to mandate facial verification during mobile phone activations has hit a snag, leaving the Ministry of Science and ICT weighing its next steps. The National Human Rights Commission issued recommendations for improvements, saying the measure could affect the exercise of basic rights. The ministry is considering countermeasures. Some also expect it may delay the planned date for full implementation, which was slated for next week.

The ministry has been pushing a plan to introduce facial verification in the mobile phone activation process as financial fraud crimes such as voice phishing using so-called burner phones have emerged as a social problem. The goal is to block burner phone activations at the source by matching the face photo on an ID card with the actual face of the cardholder. The plan applies facial verification procedures via the PASS app for new sign-ups, number portability, device changes and changes of subscriber name using resident registration cards and driver's licences. The original plan was to fully implement the policy from March 23.

But the commission issued its recommendations for improvements on March 13, saying the measure could affect the exercise of basic rights. It judged that because mobile phones are essential infrastructure used across daily life, making facial verification mandatory could affect the exercise of various basic rights, including freedom of communications, freedom of expression and the right to know. It also cited that facial images are sensitive personal information and that it can be difficult to recover from harm if they are leaked.

It also raised a lack of relevant legislation as a problem. The commission pointed out that, unlike the Immigration Control Act or the Electronic Financial Transactions Act, which provide a basis for the collection and use of biometric information, the Telecommunications Business Act has no related provisions. The commission said, "Before implementing the policy, there is a need to explain in detail information on the collection, use, storage and destruction of biometric identification information, and after implementation, to transparently disclose information on the safety of facial verification technology."

It also recommended preparing alternative means to ensure the right to choose for data subjects who find it difficult to provide biometric information or do not consent to providing it. It called for regular security inspections covering the entire process of collection, use, storage and destruction, and for the results to be made public.

The policy had faced opposition from civil society since it was announced. Critics said that with real-name verification already in place through ID-based identification, making facial verification mandatory could lead to a "surveillance society". Others also criticised the policy as shifting responsibility for personal information leaks onto citizens.

In response, the ministry held an additional briefing after announcing the policy. In a briefing on Dec. 24 last year, the ministry said it stores and manages only the facial verification result value (Y, N) after confirming whether it is the same person. It said it does not store or save any biometric information such as face photos or videos.

With the commission's recommendation, the ministry is expected to enter a process of reviewing the policy. Under the National Human Rights Commission of Korea Act, the ministry must deliver to the commission, within 90 days of receiving the recommendation, a plan to implement the recommended items. Industry observers say a delay to full implementation is likely. They expect an extension of the current pilot period and additional supplementary measures. In particular, they say the ministry is likely to move to supplement relevant laws given the criticism over insufficient legal grounds.

A ministry official said it will gather additional opinions from various sectors this week and then decide whether to proceed with implementation on March 23. The ministry plans to decide by late this week whether to extend the pilot operation or move to full implementation.

Civil society, meanwhile, is calling for a full withdrawal of the policy. Five civic groups, including the Digital Justice Network and the People's Solidarity for Participatory Democracy, issued a joint statement after the commission's recommendation, calling for the immediate scrapping of mandatory facial verification when signing up for mobile phone service. They said they will conduct an active opposition campaign, including filing complaints against telecom companies, until the policy is abolished.