Unauthorized collection of face photos
Xiaopeng Motors was fined!
Shanghai Xiaopeng Automobile Sales service Co., Ltd. was recently fined 100,000 yuan by the Xuhui District Market Supervision Bureau for illegally collecting and uploading 431623 face photos from a third-party company for illegally collecting and uploading 431623 face photos from a third-party company. For violating the Consumer Rights and Interests Protection Law, the market supervision department ordered the parties to correct the illegal acts.
According to the administrative penalty decision, after investigation, it was found that the parties installed face recognition camera equipment in 7 of their stores and collected consumer facial recognition data, so as to count the number of people entering the store and analyze the proportion of men and women, age, etc. 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.
Administrative Penalty Decision
In this regard, Xiaopeng Automobile said that due to its unfamiliarity with the relevant legal provisions, it mistakenly purchased and used the products of third-party suppliers that violated the relevant legal provisions. Xiaopeng Automobile apologized for this and has dismantled the face recognition camera equipment in the above-mentioned stores, and the uploaded face photos have been deleted by third-party companies.
"This matter stems from the fact that the stores in the Shanghai area want to improve the reception process and better serve the customers who arrive 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." Xiaopeng Motors responded.
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.
The news that "Xiaopeng Automobile collected 430,000 face photos in 6 months" also caused heated discussion among netizens, and many netizens left messages saying that the calculation of a photo was only about 2 cents, and the punishment was still too low.
This is not the first time that car sales stores have been exposed to "face recognition" of customers in violation of regulations. At this year's "315" party, many companies, including Kohler bathroom stores and 4S stores under Zhengtong Automobile, have been exposed for illegally installing cameras to collect user information.
The "Personal Information Security Specification" issued by the State Administration for Market Regulation clearly points out that face information is biometric information and belongs to sensitive personal information, and the authorization and consent of the personal data subject should be obtained when collecting personal information. Article 1035 of the Civil Code, which came into effect on 1 January 2021, also clearly stipulates that the consent of the natural person or his guardian shall be obtained for the processing of personal information.
On November 1 this year, the Personal Information Protection Law of the People's Republic of China came into effect. The Law clearly stipulates that no organization or individual may illegally collect, use, process, or transmit the personal information of others, and may not illegally buy, sell, provide, or disclose the personal information of others. The processing of personal information shall obtain the consent of the individual; where the processing of personal information is based on the consent of the individual, that consent shall be voluntarily and explicitly made by the individual on the premise of full knowledge.
In addition to the 4S shop camera to collect face information, with the intelligence of automotive products, more and more cars have in-car cameras, face recognition and other functions, how to protect the privacy and security of personal information has become an urgent problem for the industry to solve.
Security is 1
There is no this 1
No matter how good the experience is, it is 0
【Source: Shanghai News Broadcasting】