VIGA水龍頭製造商 
科勒衛浴被罰款人民幣 500,000 安裝用 565 人臉識別攝像頭 222 華人商店
According to the website of the Shanghai Municipal Market Supervision Administration, 科勒 (中國) 投資公司, 有限公司. was recently fined RMB 500,000 for installing camera equipment to capture face information in its shops without consumers’ 同意 2 月之間 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.
截圖來源: 上海市市場監督管理局網站
根據行政處罰決定書否. [2021] 062021000787, on 15 行進 2021, 中央電視台的 “315” evening gala reported that the company had violated the law by collecting facial information. 在 17 行進, the Shanghai Municipal Administration of Market Supervision opened a case for investigation. It was found that the person concerned had allegedly captured consumers’ 未經同意就公開信息. 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. 案件已結案並立案.
在 22 六月, 上海市市場監管局收到靜安區公安局《不予備案通知書》. 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. 合同簽訂後, it was installed by WandianPal in the subject dealer’s shops.
根據決定書, as of 15 行進 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, 當事人使用上述攝像設備採集人臉信息時未獲得消費者明示或授權同意.
截至 15 行進 2021, the parties concerned had captured a total of 2202264 人臉信息.
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) 中華人民共和國消費者權益保護法, which states: “Operators shall follow the principles of legality, propriety, and necessity in collecting and using consumers’ 個人信息, 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’ 個人信息, 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.
徵收消費者違法行為’ 未經本人同意，個人信息被央視報導 “315” 晚會, causing a bad social impact and a huge amount of information collected. 根據條款 56(1)(9) 中華人民共和國消費者權益保護法, 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.