Zhongxin Jingwei December 14, 14, #Xiaopeng Automobile collected 430,000 face photos in 6 months # topic on the hot search. In this regard, Xiaopeng Motors responded to Zhongxin Jingwei that due to its unfamiliarity with the relevant legal provisions, it mistakenly purchased and used the products of a third-party supplier (Yuluoke) that violated the relevant legal terms.
Screenshot of the website of the Shanghai Municipal Administration for Market Supervision
According to the administrative penalty information disclosed on the website of the Shanghai Municipal Market Supervision and Administration Bureau, 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 ** Company, and the contract stipulated that Shanghai Xiaopeng Automobile Sales Service Co., Ltd. would purchase store passenger flow monitoring project services from ** Company from March 1, 2019.
After Shanghai Xiaopeng Automobile Sales Service Co., Ltd. pays for the company's face recognition camera equipment, it is installed in its stores for collecting consumers' facial recognition data, and the data is uploaded to the company's back-end system, and the facial data is identified and calculated through the algorithm developed by the 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. At the same time, the parties purchase the system services of the ** company, open the corresponding account to log in to the "**" software developed by the ** company to view the above-mentioned store passenger flow statistics and analysis results, which are used as a reference in the company's operation.
After investigation, Shanghai Xiaopeng Automobile Sales Service Co., Ltd. purchased a total of 22 camera equipment with face recognition functions from the 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 stores, and the uploaded face photos have been deleted by the ** company. Shanghai Xiaopeng Automobile Sales Service Co., Ltd. has no illegal income.
According to the administrative punishment information, after the hearing, in view of the fact that Shanghai Xiaopeng Automobile Sales and Service Co., Ltd. has the situation of actively eliminating or mitigating the harmful consequences of illegal acts in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China, according to the relevant provisions of Article 32 of the Administrative Punishment Law of the People's Republic of China, the punishment should be mitigated on the basis of the original punishment discretion.
In summary, the Shanghai Xuhui District Market Supervision and Administration Bureau decided to order him to correct the illegal acts and fined him 100,000 yuan.
For the above incident, Xiaopeng Automobile responded to Zhongxin Jingwei and said that it deeply apologized for the concerns caused by the incident to users. The store in the Shanghai area wanted to improve the reception process through the collection and analysis of data such as the customer flow of the store, but due to its unfamiliarity with the relevant legal provisions, it mistakenly purchased and used the products of a third-party supplier (Yuluoke) that violated the relevant legal provisions.
Xiaopeng Motors also said that the face data was collected and analyzed by third-party software providers, and the data has been completely deleted. Xiaopeng Motors does not disclose or illegally use personal information, and only uses non-personally related digital data such as passenger flow visits as a reference for business conditions.
Screenshot of netizen comments
Some netizens commented that "the penalty is not a loss" "After going to see a house and buy a car, do you have to wear a mask?" "Surveillance manufacturers should not sell this kind of camera with face recognition to ordinary individuals or enterprises"; some netizens called for, "Check those real estate sales offices again." (Zhongxin Jingwei APP)
Source: Zhongxin Jingwei