Kohler Bathroom Was Fined RMB 500,000 For Installing 565 얼굴 인식 카메라 탑재 222 Chinese Shops
According to the website of the Shanghai Municipal Market Supervision Administration, 콜러 (중국) 투자회사, 주식회사. was recently fined RMB 500,000 for installing camera equipment to capture face information in its shops without consumers’ 2월 사이 동의 2020 그리고 3월 2021. This Kohler’s violated the relevant provisions of the Consumer Rights Protection Law of the People’s Republic of China and was fined 500,000 RMB by the Shanghai Jing’an District Market Supervision Administration and ordered to make corrections.
스크린샷 소스: 상하이시 시장감독관리국 웹사이트
행정 처벌 결정서에 따르면 No. [2021] 062021000787, on 15 March 2021, CCTV “315” evening gala reported that the company had violated the law by collecting facial information. On 17 March, the Shanghai Municipal Administration of Market Supervision opened a case for investigation. It was found that the person concerned had allegedly captured consumers’ 동의 없는 얼굴 정보. In view of the large amount of information suspected to be criminal, the Bureau transferred the case to the District Public Security Bureau on 20 April. 사건이 종결되어 접수되었습니다.
On 22 June, 상하이시 시장감독국은 징안구 공안국으로부터 미제출 통지를 받았습니다.. The Shanghai Municipal Administration of Market Supervision reopened the case on 23 June and continued to investigate the case. It was found that the party concerned entered into a system framework contract with Suzhou Wandianpai Network Technology Company Limited (“Wandianpai”) on 25 February 2020. They agreed that Wandian Palm would supply camera equipment to the parties, including intelligent supervisory servers, monitoring hard drives, member identification perception devices, and other products and software systems. 계약이 체결된 후, it was installed by WandianPal in the subject dealer’s shops.
결정문에 따르면, as of 15 March 2021, 565 units of camera equipment supplied by Wandianpaw had been installed in 222 Kohler shops nationwide. The party paid RMB 991,674 to Wandian Palm for the total cost of the orders purchased.
The camera devices automatically captured the face information of the people who visited the shops and uploaded the images of the collected face information to the Ali cloud server rented by WandianPal through a software system, and then screened out shop employees and customers who repeatedly entered the shops through an algorithm calculation to achieve de-duplication. The parties used this to accurately count customer traffic and facilitate the development of sales policies. 하지만, 당사자가 위의 카메라 장비를 사용하여 얼굴 정보를 수집할 때 소비자의 명시적 또는 승인된 동의를 얻지 않았습니다..
As of 15 March 2021, the parties concerned had captured a total of 2202264 얼굴 정보 조각.
The installation of camera equipment in the shops to capture face information without the consent of consumers between February 2020 그리고 3월 2021 violated Article 29(1) 중화인민공화국 소비자 권익 보호법, which states: “Operators shall follow the principles of legality, propriety, and necessity in collecting and using consumers’ 개인 정보, and shall expressly state the purpose, manner, and scope of collecting and using the information. The purpose, manner, and scope of the collection and use of information shall be clearly stated and agreed upon by the consumer. The operator shall disclose the rules of collection and use of consumers’ 개인 정보, and shall not collect or use information in violation of the provisions of laws and regulations and the agreement between the parties.” This constitutes an offense for an operator to collect personal information without the consent of the consumer.
불법적인 소비자 수집행위’ CCTV에 동의 없이 개인정보가 유출된 경우 “315” 저녁 파티, causing a bad social impact and a huge amount of information collected. 조항에 따라 56(1)(9) 중화인민공화국 소비자 권익 보호법, the Shanghai Jing’an District Market Supervision Bureau decided to order the party to rectify the illegal act and to fine the party RMB 500,000. The date of the administrative penalty decision is 26 July 2021.