On December 14, according to the Shanghai Municipal Bureau of Market Supervision, Shanghai Xiaopeng Automobile Sales Service Co., Ltd. was fined 100,000 yuan by the Shanghai Xuhui District Market Supervision and Administration Bureau on December 3 this year. The reason for the punishment was that the sales company of Xiaopeng Automobile illegally collected 431,600 photos of faces in the six months from January to June this year, using surveillance cameras installed in stores.
In the administrative penalty decision, it is written that the party Shanghai Xiaopeng Automobile Sales Service Co., Ltd. purchased 22 camera equipment with face recognition functions from a company, with a total hardware and software procurement cost of 173,800 yuan, and after the parties paid for these devices, they were installed in their stores to collect consumers' facial recognition data, the data was uploaded to a company's back-end system, and the facial data was identified through an algorithm developed by a company, so as to conduct store passenger flow statistics and passenger flow analysis. Including statistics on the number of people entering the store, the ratio of men to women, age analysis, etc.
Seven stores under Shanghai Xiaopeng Automobile Sales and Service Co., Ltd. install face recognition camera equipment to collect consumer facial recognition data, and without the consent of consumers, they do not explicitly or inform consumers of the purpose of collection and use. 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.
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.
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.
At the 315 party this year, CCTV exposed software companies such as Suzhou Wandian Palm with the theme of "Who Is Stealing My "Face"", installing face recognition devices for offline business stores and grabbing customer face information. At that time, many well-known offline brands, such as Good Shop and Kohler Sanitary Ware, were also exposed, all of which were using technical means to grab users' faces.
Shanghai Xiaopeng Automobile Sales Service Co., Ltd. was counted as capturing more than 430,000 face photos from January to June this year, indicating that Xiaopeng Automobile is still using similar technology to collect face information after the exposure of the 315 party.