Introduction
When I go to buy a car in the future, do I have to wear a mask?
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Recently, As one of the "new car-making forces", Xiaopeng Automobile was fined 100,000 yuan for "unauthorized collection of 430,000 face photos" on the hot search.
430,000 face photos were collected without authorization in 6 months
Recently, it was learned from the Shanghai Municipal Bureau of Market Supervision that Shanghai Xiaopeng Automobile Sales Service Co., Ltd. was fined 100,000 yuan by the Shanghai Xuhui District Market Supervision and Administration Bureau.
According to the administrative penalty decision, Shanghai Xiaopeng Automobile Sales Service Co., Ltd. purchased 22 camera equipment with face recognition functions, all of which were installed in its stores, involving 5 directly operated stores and 2 franchise stores, opened 8 system accounts, and collected and uploaded a total of 431623 face photos from January to June 2021. Through the algorithm, the facial data is identified and calculated, so as to carry out the customer flow statistics and passenger flow analysis of the store, including the statistics of the number of people entering the store, the proportion of men and women, and the age analysis.
However, the collection of consumer facial recognition data does not require the consent of the consumer, nor does it explicitly or inform the consumer of the purpose of collection and use.
After the Xuhui District Market Supervision and Administration Bureau delivered the Notice of Administrative Penalty Hearing to Shanghai Xiaopeng Automobile Sales Service Co., Ltd., the company submitted an application for a hearing to the Xuhui District Market Supervision and Administration Bureau on September 28, 2021. After the hearing, in view of the fact that Shanghai Xiaopeng Automobile Sales service Co., Ltd. has the circumstances 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, it shall be given a lighter punishment on the basis of the original punishment discretion.
The above-mentioned acts of Shanghai Xiaopeng Automobile Sales and Service Co., Ltd. violated the provisions of Article 29, Paragraph 1 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests.
The Xuhui District Market Supervision and Administration Bureau ordered him to correct the illegal acts and made an administrative penalty decision of a fine of 100,000 yuan in accordance with the provisions of article 56, paragraph 1, item (9) of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, and article 32 of the Administrative Punishment Law of the People's Republic of China.
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.
It is understood that the third-party supplier mentioned by Xiaopeng Automobile is an artificial intelligence company. In this year's CCTV "3.15" party, Yolook was exposed to collect face information in violation of regulations. Subsequently, Yoyo expressed its apologies and expressed its willingness to fully respect the security of users' personal information, accept the supervision of society and media, and the rectification opinions of law enforcement agencies.
According to the information on the official website, Yolok was founded in 2009 as an artificial intelligence cloud platform, focusing on the development and application of artificial intelligence technology, and launched a number of artificial intelligence technologies such as face recognition, humanoid detection, mouse detection, behavior analysis, object recognition, and ReID. YOYO's business covers catering, shoes and clothing, medicine, automobiles, FMCG, jewelry and beauty, real estate properties, beauty salons, fitness, education and teaching, electronic products and other industries. Up to now, the cumulative number of signed customer stores is 1.656 million.
Facial recognition abuse triggers social anxiety
In recent years, with the rapid development of information technology, face recognition has gradually penetrated into people's lives. While bringing convenience, the problem of personal information protection brought about by face recognition technology is also becoming increasingly prominent.
According to the "Face Recognition Application Public Survey Report", among more than 20,000 respondents, 94.07% of the respondents have used face recognition technology, 64.39% of the respondents believe that face recognition technology has been abused, and 30.86% of the respondents have suffered losses or privacy violations due to face information leakage and abuse.
Previously, the 2021 CCTV "3·15" party had exposed that Kohler Sanitary Ware, BMW, MaxMara stores and other companies illegally collected user face data. The camera system manufacturer said that the camera can solve precision marketing through face recognition information, and the face data information captured has accumulated hundreds of millions. There have also been face recognition devices installed in sales offices to analyze personal information such as the number of times buyers go to the sales office, and some buyers have to "wear helmets to see the house", which has aroused concern.
Dissatisfied with being asked to "brush his face", Guo Bing, a distinguished associate professor at a university in Zhejiang, sued Hangzhou Wildlife World Co., Ltd. to the court. On April 9, 2021, the second-instance trial of this domestic "face recognition first case" fell hammer, and the Hangzhou Intermediate People's Court publicly pronounced a judgment in accordance with the law, on the basis of the original judgment ordering Wildlife World to compensate Guo Bing for 1,038 yuan and other provisions, and ordered Wildlife World to delete the fingerprint recognition information submitted by Guo Bing when he applied for a fingerprint annual card.
With the rapid development of face payment technology, its application scope is becoming more and more extensive, but face recognition has been abused and out of control, causing collective anxiety among the public.
Standardize face recognition to rely on the law to "rule"
From the CCTV "3.15" party exposing a number of well-known enterprises installing face recognition cameras in stores to collect customer information in violation of regulations, to China's "face recognition first case", the data abuse and information security issues of face recognition have always attracted much attention.
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.
The Cybersecurity Law includes citizens' personal biometric information in the definition of "personal information", and all personal information is protected by relevant laws. In addition, the General Principles of the Civil Law also stipulate that citizens' portrait rights should be protected. In addition, the state has also formulated relevant standards for face recognition technology, such as the "Personal Financial Information Protection Technical Specification JR/T 0171-2020" clearly includes face recognition information as "personal biometric information" in the definition of "personal financial information", and assigns it to the C3 (most sensitive) category, and requires financial institutions to handle face recognition information in accordance with the provisions of relevant standards. For another example, the Personal Information Security Specification GB/T 35273-2020 explicitly includes "facial recognition features" as "personal biometric information" in the definition of "personal sensitive information", requiring enterprises to handle face recognition information in accordance with the provisions of relevant standards.
The Civil Code, which came into force on January 1 this year, clarifies the principles and conditions for the handling of citizens' personal information, and where personal information is handled, the principles of legality, propriety, and necessity shall be followed, and the consent of the natural person or his guardian shall be obtained.
In July this year, the Supreme People's Court issued the Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving the Use of Face Recognition Technology to Handle Personal Information. The SPC formulates judicial interpretations on the basis of thorough research and provides judicial protection for face information. The Interpretation clearly stipulates that the use of face recognition technology for face verification, identification or analysis in business places such as hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business premises and public places in violation of laws and administrative regulations shall be determined to be an act that infringes on the personality rights and interests of natural persons.
The Personal Information Protection Law, which came into effect on November 1 this year, includes facial information as a category of biometric information, and is collectively referred to as "sensitive information" along with religious beliefs, specific identities, and medical health. It also provides for the collection, storage, and use of personal information, making it clear that no organization or individual may illegally collect, use, process, or transmit other people's personal information; the processing of personal information shall obtain individual consent, the handling of sensitive personal information shall obtain the individual's separate consent, and individuals shall also be informed of the necessity of handling sensitive personal information and the impact on their rights and interests.
In addition, since December 2020, domestic face recognition related regulations and regulations have been promulgated one after another, and the Standing Committees of the Tianjin Municipal, Shenzhen Municipal and Hangzhou Municipal People's Congresses have issued relevant regulations, explicitly prohibiting the acquisition of biometric data such as citizens' face data without notice.
With the improvement of domestic policies and regulations related to face data privacy, relevant enterprises will also pay more attention to the protection of face data use. Clarifying the boundaries of the use of face recognition in accordance with the law and properly handling the relationship between punishing infringement and encouraging innovation will contribute to the standardized development of face recognition technology, so that technology can better benefit society.
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