In 6 months, 430,000 user face information was collected in violation of the law, and Xiaopeng Automobile Shanghai Sales Company was fined 100,000 yuan

According to the Tianyancha App, Shanghai Xiaopeng Automobile Sales Service Co., Ltd. was fined 100,000 yuan by the Shanghai Xuhui District Market Supervision and Administration Bureau recently. The reason for the punishment was that the parties purchased 22 camera devices with facial recognition functions and installed them in their stores, so as to count the number of people entering the store and analyze the proportion of men and women, age, etc. From January to June this year, a total of 431623 face photos were collected and uploaded. This act violates the Consumer Rights and Interests Protection Law without obtaining the consent of the consumer, nor does it explicitly or inform the consumer of the purpose of collection and use.

On the afternoon of December 14, Xiaopeng Automobile said that the matter was due to the fact that the stores in the Shanghai area hoped to improve the reception process and better serve the customers who arrived at the store through the collection and analysis of data such as the customer flow of the store, but due to their unfamiliarity with the relevant legal terms, they mistakenly purchased and used the products of third-party suppliers (Yuluoke) who violated the relevant legal terms. Before the Shanghai Municipal Supervision Bureau inspected it on March 18 this year, Xiaopeng Automobile's Shanghai store voluntarily removed all collection equipment through internal self-inspection and self-correction. Face data is 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.

The first financial reporter searched for face recognition products on online shopping platforms such as Taobao, and their product profiles usually contain words such as "smart store management system" and "refined management of customers", and the price ranges from 2,000 yuan to 8,000 yuan. One of the stores said that the system only requires a camera, installed above the door of the 4S store, to identify and collect information for customers entering the store. The system has its own classification, storage and analysis tools in the background, which can carry out refined management and precision marketing for customers. In addition to the one-time equipment and system installation fee, there is also a system maintenance service fee of 1500 yuan per year.

At this year's CCTV "315" party, many companies, including Kohler sanitary ware stores and Zhengtong Automobile's 4S stores, have been exposed for illegally installing cameras to collect user information. On March 16, China Zhengtong Automobile Service Holdings Limited (01728. HK, hereinafter referred to as "Zhengtong Automobile") under a 4S store in Songjiang, Shanghai, told reporters that the face recognition camera has been removed overnight.

You Yunting, a senior partner at Shanghai Dabang Law Firm, told First Financial Reporter that according to the Personal Information Protection Law, facial identification information is personal information and should be collected with the consent of the individual. And the installation of image collection personal identification equipment in public places should be necessary for maintaining public safety, and also set up conspicuous prompt signs, and the personal image information collected can only be used for the purpose of maintaining public safety, and cannot be used for other purposes. Therefore, setting up a camera in the store itself is wrong; secondly, the collection of information should obtain the consent of the consumer, the collection of sensitive information such as facial recognition information, and the consent of the individual should be obtained specifically for this behavior.

In addition to the 4S store camera to collect face information, more and more automotive products also have in-car cameras, face recognition and other functions. The reporter combed and found that at present, many products of car companies on the market, including Tesla, Xiaopeng Automobile, Weilai Automobile, Great Wall Motors, etc., are equipped with in-car cameras, and some products have the ability to collect in-car data, and how to protect the privacy and security of personal information has become an urgent problem for enterprises to solve.

On April 6, after foreign hackers broke through the Tesla system, they extracted and shared a high-definition picture taken by the camera in tesla vehicle, in addition to the rearview mirror obscuring some visual blind spots, the actions and postures of the front row drivers and passengers were clearly recorded by the camera. Tesla's official response said, "In-cab cameras are not currently activated in markets outside of North America. Even in the United States, car owners are free to choose whether to turn on or not. Tesla is equipped with a network security system with the world's leading security level to ensure user privacy protection. "In the owner's manual released on Tesla's official website, it is shown that the in-car camera carried by the product is not currently activated.

Weilai Automobile showed in the product configuration table that the car is equipped with a wide-angle camera in the car and a driver status detection camera, and the location, monitoring function and shutdown method of the camera in the car are introduced in the owner's manual. At the same time, the working scenario of the camera is explained in the privacy clause of WEILAI products, and it is clear that unless the user authorizes the upload and the remote live broadcast in the case of airbag pop-up, the relevant data will be saved in the vehicle device and will not be uploaded to the cloud.

The Xiaopeng P7, which is also equipped with an in-car camera, does not clearly indicate that there is a relevant configuration in the configuration table, and the location and working range of the relevant in-car camera are not introduced on the camera introduction page of the user manual. Regarding whether the camera in the car can be turned off and whether the collected information will be uploaded to the cloud, Xiaopeng Automobile told the first financial reporter that during the detection process after the relevant functions are turned on, the system only collects the driver's face turn, whether the closed eye features are used for driving status judgment, and other sensitive information is not collected; all the data used will not be stored locally, or uploaded to the cloud.