Xiaopeng was fined 100,000 in response to "illegal collection of 430,000 faces in stores": the data has been deleted, not leaked and not used

Consumers who pick up their cars have been "increased prices", suspected of "cheating", and the joint statement of car owners said that they were not equipped with cars on time... Xiaopeng Automobile, which is constantly in turmoil, has also exposed the news that it was fined 100,000 yuan for illegally collecting face photos.

According to the survey by the Shanghai Xuhui District Market Supervision and Administration Bureau, on March 1, 2019, Shanghai Xiaopeng Automobile Sales Service Co., Ltd. signed the "Framework Contract for the Passenger Flow Monitoring Project of Xiaopeng Automobile Stores" with a company, and purchased the corresponding store passenger flow monitoring project services, spending a total of 173,822.77 yuan to purchase related software and hardware.

These 22 camera devices with face recognition functions were installed in each of Xiaopeng Motors' stores to count the number of people entering the store and analyze the proportion of men and women, age, etc., thereby infringing on consumers' personal dignity, infringing on consumers' personal freedom or infringing on consumers' right to personal information to be protected according to law.

According to public information, from January to June this year, Shanghai Xiaopeng Automobile Sales Service Co., Ltd. collected and uploaded a total of 431,623 face photos, which violated the Consumer Rights and Interests Protection Law without obtaining the consent of consumers and without explicitly informing consumers of the purpose of collection and use.

For this punishment, Xiaopeng responded to the media: "Face data is collected and analyzed by third-party software providers, and the data has been deleted in its entirety. 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. ”

An investigation by the Xuhui District Supervision and Administration Bureau showed that Xiaopeng Automobile did not have illegal gains. Moreover, in the response, Xiaopeng Automobile emphasized the "correct attitude of correcting mistakes when it is known", according to its statement, before March 18, it had actively removed all collection and mining equipment through self-inspection and self-correction, and the face information collected so far had been deleted.

In this incident, the stores in shanghai hoped to improve the reception process and better serve the customers who arrived in the store through the collection and analysis of data such as store customer flow, 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.

However, before the penalty, according to the Notice of the Guangdong Provincial Communications Administration on January 11 this year, Xiaopeng Automobile's travel and transportation APP has been found to have three violations of user rights and interests and a safety hazard.

According to the notice, the Xiaopeng Motors APP has the following problems: (1) the app runs for the first time without the user's reading and consent to the privacy policy before the behavior monitoring found that GET_TASK the application, Android ID, MAC address, IMEI, IMSI were retrieved; (2) the purpose, method and scope of the collection and use of personal information by the third-party SDK integrated by the APP were not listed one by one in the privacy policy and other public texts; (3) each click on "My points, my Pengyou value, Invite friends to earn points", the APP collects MAC address and IMEI information once, which is not necessary for the service and has no reasonable application scenario, exceeding the minimum frequency necessary to realize the business function of the product or service. In addition, the Xiaopeng Automobile APP also has the security risk problem of interface hijacking security. Xiaopeng Automobile responded to this matter: rectification has been made and the APP has been strengthened and adjusted.

However, the relevant penalty that occurred on January 11 obviously did not make Xiaopeng Automobile realize the importance of users' personal information. After that, Xiaopeng's stores also collected the personal information of visitors and car buyers for two months.

Xiaopeng is not the first car manufacturer to illegally collect consumer face information, and the BMW 4S store that was exposed in the previous "315" has also been seized and stored with a total of 4617 face information of consumers who have arrived.

Xiaopeng finally received a fine of 100,000 yuan for the 430,000 faces collected in violation of the law. In this regard, some netizens commented that "this fine can not buy half of the high-end version of the Xiaopeng P7." ”

However, the sales of Xiaopeng Automobile, which is constantly in turmoil, are still rising. In the past November, Xiaopeng led many new car companies with sales of 15,613 units, an increase of 54% month-on-month and 270% year-on-year. In 2021, Xiaopeng has delivered a total of 82,155 vehicles from January to November. At present, Xiaopeng has achieved a single month delivery of more than 10,000 yuan for three consecutive months, and has also become the only new energy vehicle brand with a single monthly sales of more than 15,000 in the top three "Wei Xiaoli" of the new forces. Its stock price also reached a new high last month, with a maximum market value of 345.4 billion yuan.

With the development of scientific and technological progress, the face recognition function may achieve more help for the benefit of all mankind in the future, but for the advancing car companies, how to apply technology to compliance scenarios and how to strive to build every car for every consumer is the direction of thinking at present.