The real estate company secretly released the facial recognition expert who said: Innocent capture is illegal and suspected of infringing consumer rights



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Original caption: Real estate company secretly released facial recognition expert who said: Illegal capture is not suspected of infringing on consumer rights.

CCTV, Beijing, November 23 (Xingjian Li, CCTV reporter) Recently, some buyers reported that a new home sales office has installed several cameras to identify buyers. The reporter learned that many sales offices across the country have admitted that they have installed facial recognition systems. The main objective is to identify if the consumer who came to buy a house is seeing the house for the first time, if it is sold by an external intermediary or if the sales office has completed the reception for the first time, etc. . Legal experts said that these sales offices used “snapshots” without informing consumers that they were suspected of illegally obtaining personal information and infringing on the legitimate rights and interests of consumers. Has “facial recognition” technology been abused in sales office scenes?

Recently, a consumer reported on the message board of local leaders in the People’s Daily that he was originally led by a broker to buy a home at a new home sales office in Tianjin Bay. A month later, the sales office reported that it was able to recognize it through video facial recognition from the sales office. When a person similar to the consumer visited the sales office alone, they were considered to be a customer visiting the sales office on their own and a non-intermediary channel customer. This consumer believes that the unauthorized identification and acquisition of facial information by the sales office without authorization is suspected to violate the law and also harm the interests of his purchase.

In response, the government of Hexi District of Tianjin City said that after verification, the problem was a contract dispute, and it is recommended that citizens come to court to process and resolve it.

A housing agency told reporters that this type of situation is not unique. If the buyer came to buy a house after seeing the advertising of the real estate company, it is called a “natural visiting customer”; If the buyer is brought to the door by a channel agent, they are a “channel customer,” and the real estate company must give the agent certain “benefits,” which is a commission. commission. In the past, real estate sales and channel intermediaries often captured clients. Facial recognition is used to help real estate companies determine what type of buyer a particular buyer is, whose client they are, and to whom the commission should be sent. “Using the facial recognition mechanism, if you and your spouse go to the sales office to see it, it is equivalent to the developer’s own customer, called a ‘hunting visit’ on our side. We can no longer take you to request a discount and we bring clients, they definitely bring the commission, if they are their own clients, don’t give us this part of the commission, ”said agency officials.

The middleman also introduced that, generally speaking, the first time the house is run by the middleman to complete the order signature, there is a large discount for consumers, sometimes the gap is even several hundred thousand yuan. However, under normal circumstances, when consumers buy a home, it is difficult to make an immediate decision. Not knowing that there is a facial recognition system in the sales office, consumers often have disputes with real estate companies and intermediaries.

Staff a new sales office housing in the Bay of Tianjin also admitted in an interview with reporters that the face recognition system does apply and its purpose is to solve the problem of whether to pay a commission to the broker. “You can go directly to the sales office to reserve a room. What you said is if you want to book with the agency. This only implies that the developer pays a commission to the agency. It has nothing to do with you. The discount you should request They will definitely grant it to you. You applied for it. “

Zhang Dawei, chief analyst at Centaline Real Estate, said that in the past, real estate companies often encountered erratic behaviors such as “internal orders and external sales” or mutual customer acquisition. Currently, projects that are difficult to sell in real estate sales will have the need for facial recognition, since it is mainly oriented to the identification of channel clients and self-visited clients. Realtors filter this to avoid their own commercial team. After washing, some customers who visit themselves become channel customers. They have to cooperate inside and outside to earn some irregular channel fees. Facial recognition is only used to identify if it is a second visit, not to consult other user information. “Zhang Dawei Say.

The reporter learned that the company that provides facial recognition services to various real estate companies has taken a new name for this business: risk control of the real estate channel. Take for example a company from Shenzhen, which announced on its official website that related products have spanned more than 1,100 projects in more than 80 cities.

An industry insider who provides “real estate channel risk management” services commented that, in recent years, the real estate industry has relied more and more on distribution channels, channel commissions have increased, and the phenomenon of Air orders have come up one after another. The reason for the phenomenon of “inside orders and outside links” is that the channel commission is already about 10 times or more than that of real estate consultants in the field. Another situation is that clients do not leave their names and real records after visiting the house, but instead look to intermediaries to obtain discounts. Traditional registration and other means cannot be avoided, and “real estate channel risk control” services such as facial recognition have emerged.

An intermediary revealed to journalists that after the epidemic, customers visiting homes generally wore masks, now some sales offices even have student recognition technology. “Today, a lot of superior technology is used, that is, the recognition of the pupil. The pupils of our eyeballs are definitely impossible to replicate,” said the intermediary.

In this regard, industry experts stated that, according to regulations, pupil and iris recognition systems cannot be applied to commercial scenarios. However, the current prevention and face control system also has gaps and faces greater legal risks. “In fact, the ‘recognition’ to the developers after, but there are also many ‘wells’ inside, to sell to make money, is their purpose, so they put the concept of ‘risk control channels’ magnified In the current application, businesses still face many problems, whether to investigate whether the client has come, if a customer changes the number and returns, not may well identify the number of problems, all of them are controversial. there are also legal problems “.

The sales office uses the facial recognition system to take pictures without feeling for the visitors. Is it a violation? The Cybersecurity Law and the Civil Code have stipulated that the collection and use of personal information must follow the principles of legality, fairness and necessity, collect and publicly use the rules, and clearly establish the purpose, method and scope of the collection and use of the information, and obtain the consent of the person being collected.

Professor Dongyan Lao of Tsinghua University School of Law said that “nonsensical” personal information collection and processing behavior is illegal. At the same time, facial recognition distinguishes different types of home buyers, awarding different preferential strengths and “prices.” And service discrimination ”. “Not to mention how to use facial information, first of all, the collection is illegal. Facial data must be personal information. This type of collection behavior must be the consent of consumers as a business. And the premise of seeking consent is It is necessary to inform, not only to inform the collection, but also to inform what it will be used for after the collection, including the purpose of use. These real estate companies are “sniffing” and not everyone knows. In this case, take directly face information is actually obtaining personal information illegally, “Lao Dongyan said. Return to Sohu to see more

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