Collected 430,000 photos in 6 months Xiaopeng Automobile was fined 100,000 for collecting face data

Xiaopeng Automobile's penalty for collecting 430,000 photos of human faces has aroused media attention. On December 14, Shanghai Xiaopeng Automobile Sales service Co., Ltd. (hereinafter referred to as Xiaopeng Automobile) was fined 100,000 yuan by the Shanghai Xuhui District Market Supervision and Administration Bureau.

According to the administrative penalty decision of the Shanghai Xuhui District Market Supervision and Administration Bureau, in 2019, Xiaopeng Automobile signed the "Framework Contract for the Passenger Flow Monitoring Project of Xiaopeng Automobile Stores" with a company, and the contract stipulated that the parties would purchase the service of the customer flow monitoring project from a company from March 1, 2019. After the parties pay for the company's face recognition camera equipment, they are installed in its stores to collect consumers' facial recognition data. After the data is uploaded, the facial data is identified and calculated by the algorithm to carry out the customer flow statistics and passenger flow analysis of the store, including the statistics of the number of people entering the store, the proportion of men and women, and the age analysis. Xiaopeng Automobile uses software to view passenger flow statistics and analysis results, which are used as a reference in the company's operation.

After investigation, Xiaopeng Automobile purchased a total of 22 camera equipment with face recognition functions, spending a total of more than 170,000 yuan. The above-mentioned face recognition camera equipment is all installed in its stores, involving 5 directly operated stores and two franchise stores. From January to June 2021, a total of 431623 face photos were collected and uploaded.

The parties installed face recognition camera equipment in 7 stores to collect consumers' facial recognition data, and did not explicitly or inform consumers of the purpose of collection and use without obtaining the consent of consumers.

As of the time of the case, the parties concerned had dismantled the face recognition camera equipment in the above-mentioned stores, and the uploaded face photos had been deleted by a company. The parties have no illegal gains.

According to the Consumer Rights and Interests Protection Law and other provisions, Xiaopeng Automobile was ordered to correct the illegal acts and fined it 100,000 yuan.

Text/Beiqing-Beijing headline reporter Dong Zhenjie