You cannot scan the QR code to order food without providing personal information, and the merchant was found guilty of infringement.

According to news from this website on December 3, in recent years, the scan-code ordering service has rapidly become popular in the catering industry and has become the choice of many merchants and consumers. However, some restaurants have added a procedure between "scanning the QR code" and "ordering": if you do not follow the WeChat public account and do not authorize the merchant to obtain personal information, you cannot order. Is this approach suspected of infringement?

According to the official website of the Beijing Third Intermediate People's Court, the court recently made a final judgment on a related dispute, finding that merchants set up a system to follow WeChat public accounts and obtain personal information query authorization during the scan code ordering process. The pre-program is a disguised form of forced acquisition of consumers' personal information, which constitutes an infringement. In July 2021, when someone went to a catering company to dine, he ordered food by scanning a code on his mobile phone and completed payment. In this process, someone is registered as a member of the catering company. Someone discovered that according to the QR code ordering process set by the merchant, you must first follow the merchant's WeChat official account and authorize the merchant to obtain the consumer's WeChat nickname, avatar, region, gender, mobile phone number and other information before ordering online. . If you do not agree with the authorized merchant to obtain the above information, you will not be able to order food online. In addition, someone discovered that even if one unfollows a merchant's WeChat official account, the individual is still a member, and personal information is still stored at the merchant, and the individual cannot delete it by himself

Someone thinks that a certain catering company's scanning code ordering method is mandatory Obtaining consumers' personal information, and consumers cannot delete the personal information stored by the merchant on their own, constitutes an infringement. Therefore, the person took a catering company to court, requiring the other party to stop the infringement, inform the other party of the handling of personal information, apologize and compensate for related losses

After hearing the trial, the Beijing No. 3 Intermediate Court held that Kong did not The service staff told him that he could order food manually, which led Kong to think that the only service method was to order food by scanning the QR code. A catering company's self-set up code-scanning ordering program requires Kong to follow the merchant's WeChat public account and authorizes him to obtain Kong's relevant information. This is a disguised form of forced acquisition of consumers' personal information, so a catering company constitutes infringement. Rewritten: After hearing by the Beijing No. 3 Intermediate People’s Court, the court held that Kong was not informed by the service staff that he could choose manual ordering when dining, causing Kong to mistakenly believe that he could only order food by scanning the QR code to be served. A catering company set up a code-scanning ordering program for itself that requires Kong to follow the merchant’s WeChat official account and authorize it to obtain Kong’s personal information. This is an implicit forced acquisition of consumers’ personal information. Therefore, the catering company constituted an infringement. The Civil Code stipulates that if personal information is processed in violation of laws, administrative regulations or mutual agreement, it has the right to require the information processor to delete it in a timely manner. In this case, Kong tried to cancel his membership and delete personal information stored at a catering company by unfollowing the WeChat official account, but was unsuccessful. A catering company argued during the court hearing that deleting member information requires consumers to submit a written application, but it did not inform Kong that he needed to submit a written application. As a result, Kong, as a consumer, was still unable to delete the relevant information as he wished during the first-instance lawsuit. personal information. Therefore, it can be determined that a certain catering company's inaction violated Kong's legal right to decide on personal information

In addition, the Civil Code stipulates that the purpose, method and scope of processing personal information must be clearly stated. Accordingly, Kong’s request for a catering company to inform him in writing of the specific scope, process and method of obtaining personal information is well-founded in law, and the court supported it.

After summarizing the case, the Beijing No. 3 Intermediate People’s Court ordered a catering company to stop infringing on Kong’s information rights and delete the collected information about Kong; and to inform Kong about the scope and method of processing Kong’s information. Make a written notification;

make a written apology to Kong for infringing on his personal information rights; and compensate Kong for notarization fees of 5,000 yuan.

The judge reminded that when providing scanning code ordering services, the catering industry should practice the spirit of the rule of law in the core socialist values, follow the principles of legality, legitimacy, necessity and good faith, and strictly handle the handling of consumers Scope of Personal Information. Only by strictly abiding by legal regulations, respecting consumers' right to know and decide on the processing of their personal information, and processing consumers' personal information in accordance with the law can consumers safely and confidently use the QR code ordering method and promote service upgrades in the catering industry. , which is also a requirement to steadily promote the development of an information society on the track of the rule of law and balance the dividends of digital development and the protection of personal information.

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