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A few days ago, Xiaopeng was fined 100000 yuan for "illegally collecting face data", causing a heated discussion in the market. According to the survey, from January to June this year, Shanghai Xiaopeng Automobile sales and Service Co., Ltd. (hereinafter referred to as Xiaopeng Automobile) collected and uploaded a total of 431623 face photos, involving five direct stores and two franchise stores. This act violates the law on the protection of consumers' rights and interests without the consent of consumers, nor does it express or inform consumers of the purpose of collection and use.

In response to this incident, the people's Daily published an article entitled "Xiaopeng car was punished for collecting face data". ". In the commentary, people's Daily online pointed out, "this is not a simple figure, but involves the legitimate rights and interests of hundreds of thousands of consumers."

People's Daily online said in the article that who would have thought that his face information would be collected by the store when he went to a car store? In the final analysis, consumers have the right to shop around and compare goods. Even to the site of the store, it does not mean to "transfer" the right to portrait and privacy, businesses do not have the right to "automatically collect" consumer personal information. It is understandable for merchants to analyze the preferences of different consumers and provide personalized products and services for consumers, but they must be carried out in a legal way, not against or ignore the wishes of consumers, let alone "see people under dishes".

According to the relevant laws, the collection of citizens' personal information (including face information) must comply with the three principles of legality, legitimacy and necessity. The Law on the Protection of personal Information clearly stipulates that the installation of image acquisition and personal identification equipment in public places shall be necessary for the maintenance of public safety, abide by the relevant provisions of the state, and set up significant prompting signs. Obviously, "face can not be brushed casually" is already a legal constraint. Whether it is car distribution or real estate sales, the collection of consumer face information is not in line with the relevant principles, but also has nothing to do with "necessary for the maintenance of public safety", which is illegal.

According to previous reports, Shanghai Xiaopeng Motor was administratively punished by the Shanghai Xuhui District Market Supervision Administration for installing face recognition in its stores and collecting user information. In accordance with Article 56, paragraph 1 (9) of the Law of the people's Republic of China on the Protection of consumers' Rights and interests and Article 32 of the Law of the people's Republic of China on Administrative punishment, Xuhui District Market Supervision and Administration Bureau ordered it to correct its illegal acts and made an administrative penalty decision of a fine of 100000 yuan.

According to the administrative penalty decision, Shanghai Xiaopeng Automobile sales and Service Co., Ltd. purchased 22 camera equipment with face recognition function, all of which were installed in its stores, involving five direct stores and two franchisees. Eight system accounts were opened. A total of 431623 face recognition photos were collected and uploaded by the above-mentioned face recognition camera equipment from January 2021 to June 2021. Through the algorithm to identify and calculate the facial data, in order to carry out the store passenger flow statistics and passenger flow analysis, including the number of store statistics, male-to-female ratio, age analysis and so on. The parties installed face recognition camera equipment in their seven stores to collect consumers' facial recognition data without the consent of consumers and did not explicitly inform consumers of the purpose of collection and use. As of the case, the parties have removed the face recognition camera equipment in the above stores, the uploaded face photos have been deleted, and the parties have no illegal gains.

In response to this incident, Xiaopeng Motor responded to the media that Xiaopeng Motor collected 430000 face photos in six months, which caused users' concern and apologized. Xiaopeng said that due to unfamiliarity with the relevant legal provisions, the incident was due to stores in Shanghai hoping to improve the reception process and better serve customers through the collection and analysis of store passenger flow and other data. however, due to the unfamiliarity with the relevant legal provisions, they mistakenly purchased and used products that violated the relevant legal provisions. Xiaopeng Motor expressed full obedience to the administrative penalty and made a deep introspection on the matter.

Xiaopeng auto official responded to the media that the punishment of Xiaopeng car was consistent with the BMW 4S store and Kohler bathroom exposed by CCTV on March 15 this year, but Xiaopeng's punishment dragged on a little longer. At the same time, Xiaopeng also stressed that the face data in this incident was analyzed and analyzed by third-party software vendors, and all the data have been deleted. Xiaopeng Motor does not disclose or illegally use personal information, only through passenger flow and other non-personal related digital data as a reference for business. It is understood that BMW 4S stores, Kohler bathroom, MaxMara and other brands were fined 500000 yuan for illegally collecting faces.

The people's Daily pointed out that the fine of 100000 yuan is not large, but it should definitely sound the alarm for Xiaopeng Motor. Xiaopeng Motor said that it is deeply sorry for the concern of users caused by the incident, but apology alone is not enough. whether we can truly respect the legitimate rights and interests of consumers and provide better service for consumers is the key. People's Daily online said that "future explorers" must travel within the track of the law in order to have a future. Which is the legal red line, which is the moral bottom line, businesses must clarify and abide by, for Xiaopeng Motor, the same is true for operators of other industries.

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