On December 14, Nandu reporter learned from the Shanghai Municipal Market Supervision and Administration Bureau that Xiaopeng Automobile was recently fined 100,000 yuan by the Shanghai Xuhui District Market Supervision and Administration Bureau for infringing on consumers' personal dignity, infringing on consumers' personal freedom or infringing on consumers' right to be protected according to law.
According to the administrative penalty decision, in 2019, Xiaopeng Automobile Sales Co., Ltd., the parent company of Shanghai Xiaopeng Automobile Sales Service Co., Ltd., signed the "Framework Contract for Passenger Flow Monitoring Projects in Xiaopeng Automobile Stores" with a company, and the contract stipulated that the parties would purchase store passenger flow monitoring project services from a company from March 1, 2019.
After Shanghai Xiaopeng Automobile Sales Service Co., Ltd. pays for the purchase of a company's face recognition camera equipment, it is installed in its stores to collect consumers' facial recognition data, and the data is uploaded to a company's back-end system, and the facial data is identified and calculated through the algorithm developed by a company, so as to carry out the store's passenger flow statistics and passenger flow analysis, including the number of people entering the store, the proportion of men and women, age analysis, etc. Shanghai Xiaopeng Automobile Sales Service Co., Ltd. also purchases the system services of a company, opens the corresponding account to log in to the software developed by a company to view the above-mentioned store passenger flow statistics and analysis results, and uses them as a reference in the company's operation.
According to the decision, after investigation, Shanghai Xiaopeng Automobile Sales service Co., Ltd. purchased a total of 22 camera equipment with face recognition functions from a company, the model is F3, and the hardware and software procurement fees total 173822.77 yuan. The above-mentioned face recognition camera equipment is all installed in the stores of Shanghai Xiaopeng Automobile Sales service Co., Ltd., involving 5 directly operated stores and 2 franchise stores, opening 8 system accounts, from January 2021 to June 2021, the above-mentioned face recognition camera equipment collects and uploads a total of 431623 face photos.
Shanghai Xiaopeng Automobile Sales service Co., Ltd. installed face recognition camera equipment in 7 of its stores to collect consumer facial recognition data, and without the consent of consumers, nor did it explicitly or inform consumers of the purpose of collection and use. As of the time of the case, Shanghai Xiaopeng Automobile Sales Service Co., Ltd. has dismantled the face recognition camera equipment in the above-mentioned stores, and the uploaded face photos have been deleted by a company.
In the end, the Shanghai Xuhui District Market Supervision and Administration Bureau decided to fine Shanghai Xiaopeng Automobile Sales service Co., Ltd. 100,000 yuan.
Written by: Nandu reporter Yang Tianzhi
![Apologies: An investigation team has been set up[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)