China Fund News reporter Li Zhi
As one of the "new car-making forces", Xiaopeng Automobile has had another accident! Xiaopeng Automobile was fined 100,000 yuan for collecting 430,000 face photos without authorization.
430,000 face photos were collected without authorization in 6 months
Xiaopeng Motors was fined 100,000 yuan
Xiaopeng Automobile was fined 100,000 yuan for collecting 430,000 face photos without authorization! This matter quickly appeared on the hot search.
Recently, Xiaopeng Automobile was fined 100,000 yuan by the Shanghai Xuhui District Market Supervision and Administration Bureau for infringing on the personal dignity of consumers, infringing on consumers' personal freedom or infringing on consumers' right to protect their personal information 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.
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 173,800 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.
According to the penalty decision, Shanghai Xiaopeng Automobile Sales service Co., Ltd. installed face recognition camera equipment in 7 of its stores to collect consumer facial recognition data, and did not obtain 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.
Xiaopeng Motors responded: The data has been deleted
On the afternoon of December 14, Xiaopeng Automobile responded, "This matter stems from the fact that stores in Shanghai want to improve the reception process and better serve customers in the store through the collection and analysis of data such as store passenger flow, but due to unfamiliarity with the relevant legal terms, they mistakenly purchased and used the products of third-party suppliers (Yuluoke) that violated the relevant legal terms." ”
Xiaopeng Automobile said that it fully obeyed the administrative punishment and made a deep reflection on the matter.
At present, Xiaopeng Automobile's Shanghai store has voluntarily removed all collection equipment through internal self-inspection and self-correction before the Inspection of the Shanghai Municipal Supervision Bureau on March 18. The face data has been 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.
Xiaopeng Automobile said that it will strictly abide by the provisions of the state on the protection of consumers' personal information to ensure that the legitimate rights and interests of customers are not infringed. We apologize for the distress caused to the public and our customers as a result of this incident. Integrity and legal operation is the cornerstone of our company has been adhering to, we will standardize business behavior with practical actions, improve customer experience, and provide consumers with safe and thoughtful services.
Netizen: The punishment is too light
For the frequent illegal face collection incidents, many netizens said, "Do you have to wear a mask to go to see a house and buy a car in the future?" "Look up those sales departments again."
At the same time, many people believe that the punishment is too light, "430,000 face photos, fined 100,000 yuan, this money is not enough to plug the gap between the teeth." "A photo costs two cents, and the penalty is too light." However, some people pointed out, "Regardless of the amount of punishment, at least Shanghai has found out, so is there such a situation in other places?" ”
The chaos of face recognition has been exposed repeatedly
In fact, this year's face recognition chaos has been exposed repeatedly, CCTV 315 evening party exposed Kohler sanitary ware, BMW, MaxMara and other well-known companies were exposed to surveillance cameras illegal collection of face information, of which Kohler dismantled camera equipment overnight.
In addition, face recognition devices such as Wandian Palm arbitrarily grabbed face information and were named. Subsequently, Wandian palm issued a statement on the official website, responding to the relevant reports of CCTV 315, saying that the company has set up a special team to carry out self-examination and apologize to the public.
According to the official website of Wandian Palm, the company was founded in 2014, and the company's technical team has created an efficient operation system for the operation and management of chain enterprises, and has successively provided services for more than 2,000 well-known brands and more than 300,000 stores. At present, Wandian's products have been widely used in pharmacies, FMCG, clothing, education, catering, supermarkets and other fields.
Face information is a personal unchangeable biological information, with direct recognition, easy to collect, once leaked it is difficult to reverse. In this context, the security of personal privacy information has also received more and more attention from the public, and the national level has begun to protect it at the legislative and law enforcement levels.
According to the "Personal Information Security Specifications" issued by the State Administration for Market Regulation, face information is biometric information and also belongs to sensitive personal information, and the authorization and consent of the personal information subject should be obtained when collecting personal information.
In November this year, China's "Personal Information Protection Law" was officially implemented, which stipulates the collection, storage, and use of personal information, making it clear that no organization or individual may illegally collect, use, process, or transmit the personal information of others; the processing of personal information shall obtain the consent of the individual, the handling of sensitive personal information shall obtain the individual's separate consent, and the individual shall also be informed of the necessity of handling sensitive personal information and the impact on the rights and interests of individuals.
Xiaopeng Automobile was previously caught in the "cheating" storm
It is worth mentioning that Xiaopeng Motors, as one of the "new car-making forces", was previously suspected of defrauding the state of new energy subsidies in Nanjing.
According to the news reported by Jiangsu Television, a consumer in Nanjing ordered a Xiaopeng P7 for a total contract price of 279,650 yuan, including a deposit of 5,000 yuan. However, when the consumer picked up the car, the staff of the 4S shop of Xiaopeng Automobile informed him that he had to pay an additional 7,000 yuan to deliver the car, and the sales director of the 4S store said that this was related to the national new energy subsidy.
The above-mentioned staff said, "If the price of the whole vehicle exceeds 300,000, it will not be subsidized by the state, so the 4S shop sells cars first to make a low contract price and control the price below 300,000; then make up the price, in fact, the money paid by the owner is the original car payment, and there is no overcharging." ”
In this regard, the official response of Xiaopeng Automobile said that the store sales did not explain the relevant policies clearly, there were errors in operation, and the follow-up Xiaopeng would fulfill the commitment of the contract.
However, it is gratifying that the recent delivery volume of Xiaopeng Automobile has reached a new high. At the beginning of December, Xiaopeng Automobile announced its latest delivery results. In November, Xiaopeng Automobile delivered 15,613 units, achieving a single monthly delivery of more than 10,000 units for three consecutive months, an increase of 54% month-on-month and a year-on-year increase of 270%. On the basis of the record total delivery, the delivery scale of Xiaopeng Automobile's three models on sale, P7, G3i and P5, also reached a new high in November.
With the continuous release of the three main models, Xiaopeng Automobile's fourth brand new model, the smart flagship SUV Xiaopeng G9, is scheduled to start delivery in the third quarter of next year.
As of the close of trading on December 14, Xiaopeng Automobile was quoted at HK$176.2, with a total market capitalization of HK$301.6 billion.
Edit: Xiao Mo