Kohler Bathroom Was Fined RMB 500,000 For Installing 565 面部识别摄像头 222 Chinese Shops

Kohler Bathroom Was Fined RMB 500,000 For Installing 565 面部识别摄像头 222 Chinese Shops

According to the website of the Shanghai Municipal Market Supervision Administration, 科勒 (中国) 投资公司, . was recently fined RMB 500,000 for installing camera equipment to capture face information in its shops without consumers’ 同意 2 月之间 2020 和三月 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.

截图来源: 上海市市场监督管理局网站

根据行政处罚决定书否. [2021] 062021000787, on 15 行进 2021, 中央电视台的 “315” evening gala reported that the company had violated the law by collecting facial information. 在 17 行进, the Shanghai Municipal Administration of Market Supervision opened a case for investigation. It was found that the person concerned had allegedly captured consumers’ 未经同意就公开信息. 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 四月. 案件已结案并立案.

在 22 六月, 上海市市场监管局收到静安区公安局《不予备案通知书》. 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 二月 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. 合同签订后, it was installed by WandianPal in the subject dealer’s shops.

根据决定书, 截至 15 行进 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. 然而, 当事人使用上述摄像设备采集人脸信息时未获得消费者明示或授权同意.

截至 15 行进 2021, the parties concerned had captured a total of 2202264 人脸信息.

The installation of camera equipment in the shops to capture face information without the consent of consumers between February 2020 和三月 2021 violated Article 29(1) 中华人民共和国消费者权益保护法, which states: “Operators shall follow the principles of legality, propriety, and necessity in collecting and using consumers’ 个人信息, 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’ 个人信息, 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.

征收消费者违法行为’ 未经本人同意，个人信息被央视报道 “315” 晚会, causing a bad social impact and a huge amount of information collected. 根据条款 56(1)(9) 中华人民共和国消费者权益保护法, 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 七月 2021.