Sue the zoo for face recognition. If face recognition is not registered, you can't enter the park. You can't refund your card
The first case of China's face recognition, a zoo in Hangzhou, was prosecuted
Unwilling to use face recognition, Guo Bing, a distinguished associate professor of Zhejiang University of technology, took Hangzhou wildlife world to court as a consumer. The case has also become the 'first case of face recognition' for domestic consumers to sue businesses. On November 3, the reporter of Beijing Youth Daily learned that the people's Court of Fuyang District of Hangzhou has officially accepted the case.
plaintiff
Forced collection of personal information without consent
It originated from a consumption experience of Guo Bing, a distinguished associate professor of Zhejiang University of technology.
According to the indictment, on April 27, 2019, Guo Bing purchased the annual card of Hangzhou wildlife world and paid an annual card fee of 1360 yuan. When handling the annual card, the defendant explicitly promised to enter the park through simultaneous verification of the annual card and fingerprint within one year of the validity of the card (from April 27, 2019 to April 26, 2020), and can travel unlimited times in the year.
However, on October 17, Hangzhou wildlife world informed the plaintiff by SMS that "the annual card system of the park has been upgraded to face recognition, the original fingerprint recognition has been cancelled, and unregistered face recognition users will not be able to enter the park normally" without any negotiation with Guo Bing and consent.
In order to confirm whether the content of the message is true, Guo Bing specially drove to the defendant for verification on October 26, 2019. The defendant's staff clearly informed him that the content mentioned in the SMS was true, and made it clear to him that if he did not register for face recognition, he would not be able to enter the park and go through the card refund procedures.
Guo Bing believes that the face recognition of the upgraded annual card system in the park will collect personal biometric information such as his facial features. This kind of information belongs to personal sensitive information. Once leaked, illegally provided or abused, it will easily endanger the personal and property safety of consumers, including the plaintiff. According to Article 29 of the law on the protection of consumers' rights and interests, the park shall follow the principles of legality, legitimacy and necessity to collect and use the plaintiff's personal information, clearly indicate the purpose, method and scope of collecting and using the information, and obtain the consent of the plaintiff; Moreover, when collecting and using the plaintiff's personal information, the defendant shall disclose its collection and use rules, and shall not collect and use information in violation of the provisions of laws and regulations and the agreement of both parties.
Guo Bing believes that the defendant forcibly collected the plaintiff's personal biometric information by upgrading the annual card system without the plaintiff's consent, which seriously violated relevant regulations and damaged the plaintiff's legitimate rights and interests.
The reporter of Beiqing daily learned that Guo Bing filed a lawsuit with the people's Court of Fuyang District of Hangzhou on October 28, 2019. At present, the people's Court of Fuyang District of Hangzhou has officially accepted the case.
defendant
Face recognition can effectively improve the efficiency of entering the park
What is the original intention of switching to face recognition for annual card users? In an interview with the media, a person in charge of Hangzhou wildlife world said that it was mainly to facilitate consumers to enter the park quickly. Annual card users must compare their identity when entering the park, and fingerprint identification will be delayed occasionally. It said that from the statistics during the trial period, face recognition has indeed effectively improved the efficiency of consumers entering the park.
Hangzhou wildlife world staff said that since October 17, there have been year card users to record face recognition. Individual users didn't understand, so they informed them of the benefits of face recognition, and they all agreed.
The staff said that for users who have concerns about face recognition, the park also gives a compromise scheme: they don't have to register face information and can enter the park by swiping their annual card. However, because the fingerprint identification system has been completely disabled, users must verify their identity at the annual card center every time they enter the park to prove that they are using it.
Expert opinion
If the park party divulges information or constitutes infringement
Xue Jun, vice president of Peking University Law School, told the Beiqing daily that individual biological information, such as face, gene, iris, fingerprint, palmprint, voiceprint, gait and so on, is highly sensitive. Because this is accompanied by a lifetime, can not be changed, once leaked, it can hardly be remedied.
For the refund, the principle of fairness should be followed. The fault party who terminates the contract is in the park. It is suggested that the park convert the refund amount according to the proportion of the effective time period.
Lawyer Zhou Xuliang, director of Beijing Guanling law firm, told the Beiqing daily that consumer Guo Bing has the right to ask the zoo to terminate the contract and return the money paid for the card. The zoo established a contractual relationship with the zoo when it purchased the annual card in the zoo. In the process of performing the contract, the zoo suddenly increased the restrictive conditions for admission of face recognition, which belongs to the content of the contract and needs to be negotiated with Guo Bing. If both parties fail to reach an agreement on the change, they shall perform in accordance with the original agreement, otherwise it will constitute a breach of contract.
For those consumers who agree to change the contract, after collecting their facial information, the zoo shall strictly keep the collected consumer personal information confidential in accordance with Article 29 of the consumer rights and interests protection law, and shall not disclose, sell or illegally provide it to others. If the zoo fails to ensure the safety of consumers' personal information after collecting consumers' facial information, it may constitute infringement and bear corresponding legal liabilities.
(source: Beijing Youth Daily)