On December 14, an administrative penalty decision published on the website of the Shanghai Municipal Market Supervision and Administration Bureau showed that Shanghai Xiaopeng Automobile Sales and Service Co., Ltd. was fined 100,000 yuan by the Xuhui District Market Supervision and Administration Bureau for violating the first paragraph of Article 29 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, and the date of the administrative penalty decision was December 3.
In response to the "illegal collection of face photos was punished", Xiaopeng Automobile also quickly gave a response, posting: Because it is not familiar with the relevant laws, it has wrongly purchased and used the products of third-party suppliers that violate the relevant legal terms, and the data and analysis collected above have all been deleted, no reservations have been made, there is no leakage or illegal use of personal information, and there is no objection to the penalty terms.
According to the administrative penalty decision, Xiaopeng Automobile Sales Co., Ltd. signed the "Framework Contract for the Passenger Flow Monitoring Project of Xiaopeng Automobile Stores" with a company, agreeing to purchase the service of the store passenger flow monitoring project from the company from March 1, 2019. After Xiaopeng pays for the purchase of face recognition camera equipment, it is installed in its stores for collecting consumers' facial recognition data, and the data is uploaded to the company's back-end system to identify and calculate the facial data, 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. These statistics and analysis results are used as a reference by Xiaopeng in the operation.
After investigation, Xiaopeng Automobile purchased a total of 22 camera devices with face recognition functions from the company, all of which were installed in its 7 stores. From January 2021 to June 2021, a total of 431623 face photos were collected and uploaded. As of the incident, Xiaopeng had dismantled the devices and the uploaded face photos had been deleted. The above behavior violated the relevant provisions of the Consumer Rights and Interests Protection Law of the People's Republic of China, and the Xuhui District Market Supervision Bureau ordered him to correct the illegal behavior and imposed an administrative penalty of a fine of RMB 100,000 on Xiaopeng.
It is worth mentioning that Xiaopeng Automobile is not the first company to be exposed for collecting face information. In the year CCTV 3. The 15th party also reported that CCTV reporters had investigated more than 20 merchants with face recognition systems such as Kohler Sanitary Ware and BMW 4S stores in many places across the country, and like Xiaopeng, as long as they entered the store, they would collect information.
Under normal circumstances, the car brand 4S store to join, need to be in accordance with the manufacturer's construction and decoration standards, and the use of unified vision and maintenance equipment that meets the regulations, so there will be only some BMW 4S stores installed face recognition monitoring system on the 3.15 evening.
However, many of the stores that Xiaopeng Automobile was fined belonged to the subsidiaries of Xiaopeng Automobile, and the procurement of monitoring equipment also originated from the unified behavior of manufacturers.
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 Related to the Use of Face Recognition Technology to Handle Personal Information, Article 1 of which clearly states that the handling of "face information" and "face information generated based on face recognition technology" are both acts that need to be stopped.
In article 2, the use of face recognition technology for face verification, identification or analysis in hotels, shopping malls, stations, stadiums, entertainment venues and other business premises and public places in violation of laws and administrative regulations is an act of infringing on the personality rights and interests of natural persons, and the violator shall be dealt with in accordance with law.
But after the 3.15 party, Xiaopeng Automobile stores are still collecting information, and it seems that it is not so easy to explain that it is not so easy to explain with the unfamiliarity with the law and the misconception.
What's more, as the first echelon of the new car-making forces, Xiaopeng Automobile is relatively advanced in terms of automatic assisted driving. As the main selling point of Xiaopeng Automobile, information collection and information processing are its strengths, such a company that has a large number of users, only with the "unfamiliar with the law, wrong procurement" statement, it seems that it can not be accepted by everyone.
If an automobile company that can easily collect personal information also pays so little attention to personal privacy information, can the large amount of information generated by its cars in the process of use be guaranteed? Perhaps, Xiaopeng Motors also needs to be more honest to be convincing.
Xiaoxiang Morning News reporter Hu Xiong
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