"Xiaodu" speaker captures guest privacy, Baidu urgently states "it has nothing to do with us"

Compiled from The Paper
 
Case review
On July 1, Ms. Yang in Benxi, Liaoning discovered while playing with a smart speaker in her guesthouse room that the camera above had captured many private videos of guests. Ms. Yang stated that this smart speaker has a monitoring mode, which captured six or seven clips of her and her friends moving around in the room, and below them were many private videos of strangers.

 
 

Regarding the matter of 'a woman claiming that the smart speaker in a homestay secretly recorded guests’ privacy,' Baidu's AI assistant 'Xiaodu Xiaodu' responded through its official Weibo account: the homestay involved had illegally used the Xiaodu Smart Screen (regular user version), and the homestay has been required to immediately stop infringing activities and contact the parties involved. Xiaodu firmly supports them in safeguarding their rights.
 
According to Baidu, there are two types of Xiaodu Smart Screens: one is the regular user version, and the other is the hotel version. The involved homestay confused the use of the two products. The 'Care Assistant' feature of the regular user version is designed to help users monitor the elderly and children at home through the smart screen camera even from a distance. In other words, the responsibility lies with the homestay, but can Baidu really completely absolve itself?

 

 
Personal Information Protection Law
[2] Article 7
Handling personal information should follow the principles of openness and transparency, publicly disclose the rules for processing personal information, and clearly indicate the purpose, methods, and scope of processing.
 
Article 10
No organization or individual shall illegally collect, use, process, or transmit others' personal information, nor shall they illegally buy, provide, or disclose others' personal information; they shall not engage in personal information processing activities that endanger national security or public interest.
 
[2] Article 26
The installation of image collection and personal identification devices in public places shall be necessary for maintaining public safety, comply with relevant national regulations, and set up prominent warning signs. The personal images and identification information collected may only be used for the purpose of maintaining public safety and shall not be used for other purposes, except with the individual's separate consent.

 

 
[1] The author's perspective
Baidu stated that the 'Xiaodu Xiaodu' smart speakers they launched are divided into two types, the biggest difference between the two being whether they have a camera for monitoring. Baidu said that it was the homestay that purchased the standard version, which led to the guests being recorded, so it has nothing to do with them. So how should the responsibilities of the homestay and Baidu be divided?
 
First of all, if the homestay owner acted intentionally, then his behavior already constitutes a violation of the law. As can be seen from Articles 10 and 26 of the aforementioned Personal Information Protection Law, the homestay needs to inform customers that there are cameras recording in the premises and must not illegally collect customers' private information. It is even more inconceivable to place cameras in such private areas as hotel rooms. If the homestay acted unintentionally, civil liability is still inevitable due to the infringement of customers' privacy.
 
Secondly, as a personal information handler mentioned in the Personal Information Protection Law, Baidu cannot only consider the regular version and the hotel version when designing products; it also needs to standardize the sales process. Otherwise, if hotels can purchase the regular version, wouldn’t this idea become meaningless? More importantly, when Baidu collects and processes users' personal information, it also needs to obtain users' consent. This is clearly stated in the Personal Information Protection Law and is something we have consistently emphasized. Therefore, it is unlikely that Baidu can remain uninvolved in this matter.
 
We are now in an era of rapidly developing information, but everything has its pros and cons. On one hand, the widespread use of smart home appliances has indeed brought convenience to life; on the other hand, it also poses a series of risks to personal information protection.