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The first case of face recognition!Hangzhou Safari Park accused of compulsory collection of information

Face recognition is currently widely used in all walks of life, but it is often criticized due to privacy issues. A few days ago, the People’s Court of Fuyang District, Hangzhou City accepted a case related to face recognition.

The complaint states that on April 27, 2019, Guo Bing, a distinguished associate professor of Zhejiang Sci-Tech University, purchased the annual card of Hangzhou Wildlife World as a consumer and paid the annual card fee of 1,360 yuan. The annual card is valid for one year, that is, from April 27, 2019 to April 26, 2020. Consumers can enter the park by verifying the annual card and fingerprint within the valid period, and play unlimited times.

However, on October 17, Hangzhou Wildlife World informed Guo Bing by text message without consulting with Guo Bing and obtaining his consent, “The annual card system in the park has been upgraded to a face recognition system to enter the park. The fingerprint recognition system has been cancelled, and consumers will not be able to enter the park normally if they do not register for face recognition.”

Guo Bing went to Hangzhou Wildlife World to verify the news on October 26, and the park clearly stated to him that he would not be able to enter the park without face recognition registration, and the park would not be a consumer who purchases the annual card. Handle card refund and fee refund procedures.

Guo Bing believes that the facial recognition system collects his facial features and other personal biometric information. This type of information is personally sensitive. If it is leaked, illegally provided, or abused, it is likely to endanger his personal and property safety. Based on this, on October 28, Guo Bing filed a lawsuit with the People’s Court of Fuyang District, Hangzhou City, accusing Hangzhou Wildlife World of forcibly collecting personal biometric information through the upgraded annual card system without consent, seriously violating relevant regulations and harming Own legal rights.

According to Article 29 of the “Consumer Rights Protection Law”, the park shall follow the principles of lawfulness, fairness, and necessity in collecting and using the plaintiff’s personal information, and clearly state the purpose, method and scope of the collection and use of the information, with the plaintiff’s consent; in addition, When the defendant collects and uses the plaintiff’s personal information, it shall disclose its collection and use rules, and shall not collect and use the information in violation of the provisions of laws and regulations and the agreement between the parties.

The explanation given by the staff of Hangzhou Wildlife World is that the purpose of the face recognition system in the park is to facilitate consumers to enter the park quickly, because fingerprint recognition occasionally lags behind. In addition, the staff also stated that the park has also offered a compromise solution for users who are concerned about facial recognition: consumers do not have to register their facial information, and they can enter the park by swiping their annual card. However, since the fingerprint identification system has been completely deactivated, consumers must go to the annual card center to verify their identity every time they enter the park and prove that they are used by themselves.

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