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Observation | touched the red line of privacy protection, and Xiaopeng Automobile was fined for illegally collecting face images

According to the results of Tianyan's inquiry, Shanghai Xiaopeng Automobile Sales service Co., Ltd. was recently executed 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 protect their personal information according to law". After specific understanding, it was learned that it was because Xiaopeng Automobile purchased a store passenger flow monitoring project service from a company, and used the algorithm to identify and calculate the facial data and analyze the passenger flow, and this move did not obtain the user's informed consent. The data shows that from January to June 2021, the service collected and uploaded a total of 431623 face photos.

Observation | touched the red line of privacy protection, and Xiaopeng Automobile was fined for illegally collecting face images

It should be known that the civil code, which came into effect on January 1 this year, independently compiles personality rights, and stipulates the definition of privacy rights and personal information, protection principles, legal responsibilities, subject rights, information processing and other issues in the form of a special chapter on "privacy and personal information protection". In this regard, the Network Information Department has been continuously strengthening data security and personal privacy protection in the current rapid development of big data environment, and Xiaopeng Automobile still illegally adopts store passenger flow monitoring project services when it knows that it has touched the red line of privacy protection, failing to fulfill the obligations of the enterprise and does not have a sense of social responsibility.

Observation | touched the red line of privacy protection, and Xiaopeng Automobile was fined for illegally collecting face images

This brings to mind the topic of "how smart cars protect user privacy". Previously, the issue of Tesla data security caused great concern in the industry, after which Tesla CEO Musk responded at the 2021 World Internet Conference, "All personally identifiable information of Tesla owners is safely stored in China and will not be transferred overseas, and only in rare cases such as purchasing imported parts, some data will be transmitted across borders after obtaining relevant approvals." ”

Observation | touched the red line of privacy protection, and Xiaopeng Automobile was fined for illegally collecting face images

However, because smart cars are equipped with technologies such as face keys, Face ID, and driver fatigue monitoring in order to enrich the user's driving experience, to a certain extent, it is inevitable that there will be a collection of user information, and user privacy and safety cannot be completely protected. In view of this technical path that needs to be perfected, the solution given by some car companies is to only extract core information such as user eyebrows and eyelids as a solution for developing intelligent automotive human-computer interaction technology, even if there is a hacker reverse attack, a complete user portrait will not be found in the system.

Observation | touched the red line of privacy protection, and Xiaopeng Automobile was fined for illegally collecting face images

In addition to information collection, the safety of driving data in use of smart cars also needs to strengthen supervision. In this regard, the "Technical Conditions for the Safety of Motor Vehicle Operation" National Standard No. 2 revised list recently issued clearly, requiring that from January 1, 2022, newly produced passenger cars need to be equipped with a "car black box" edr system, that is, a driving event recorder. Through the use of this equipment, it can completely and accurately record the relevant situation of the car driving state, record and restore the driving trajectory of the car, and effectively determine the responsibility for the accident of the intelligent car "out of control" after opening the automatic driving auxiliary function.

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