Scanning code shopping, scanning code ordering, scanning code payment, in our daily life, scanning code consumption is more and more common. No need to bring cash, no need to change, a mobile phone scan can instantly solve the consumption problem, fast and convenient. However, the ensuing forced attention, mixed advertising, especially the problem of personal information disclosure, also makes consumers troubled.
Scanning code consumption, how to enjoy the convenience while reducing the security risks behind it? The reporter conducted an investigation and found that the problem of forcing or inducing consumers to scan the code for consumption is relatively common, even if consumers are already in the store, they will also be asked for some unnecessary personal information.
In Changsha, Hunan Province, the staff claimed that their shop scanning code does not collect personal information, but the reporter verified that it was not the case.
The reporter learned in the investigation that consumers are completely in a passive position in the choice of scanning code consumption.
Ms. Xie, a consumer, told reporters that many times, even if consumers read the relevant "privacy policy" instructions, they also know that they will be asked for personal information, and they can only choose to agree, otherwise you will have to give up the purchase of relevant goods.
Ms. Xie, Consumer, Changsha, Hunan: Sometimes I may have made a forced compromise for the convenience of life.
Legal expert: It is illegal to ask for personal information beyond the scope
According to experts, the purpose of some businesses requiring consumers to scan the code for consumption is to lock members, accumulate customer and consumption data for secondary marketing, and save labor and optimize business processes. However, this kind of behavior often ignores the consumers' right to choose and know, and the behavior of asking for personal information beyond the scope is suspected of illegal.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: Navigation information is not only to get your location information, it may also require to get your address book information and other related situations, scanning code ordering, scanning code buying tickets, scanning code entering the park is the same effect. I just wanted to go in and have a look, visit some parks, but you took all my personal information, there is no justification, there is no legal reason, and there is no reason for necessity, so this is a classic violation of the law.
It is understood that in the "Personal Information Protection Law" implemented on November 1, 2021, it is clearly stipulated that the collection of personal information should be limited to the minimum scope to achieve the purpose of processing, and no excessive collection of personal information should be allowed; Moreover, the personal information processor shall not refuse to provide products or services on the grounds that the individual does not consent to the processing of his or her personal information or withholds his or her consent.
Being forced to scan codes to order food
Consumers took the business to court
In the black industry chain of telecom network fraud, the disclosure of citizens' personal information is a very important part. So in the consumer sector, how do we try to protect the security of personal information? In Deyang, Sichuan Province, a consumer surnamed Luo chose to take the business to court when he was forced to scan the code and obtain his personal information.
In May 2022, a citizen of Deyang, Sichuan Province, Luo Mou, went to a hot pot restaurant for dinner, and the waiter refused to provide a paper menu on the grounds that "we must pay attention to the public number of the business", and asked Luo Mou to order through the scan code, forcing the collection of his personal information. Luo believes that the hot pot restaurant's behavior is neither legal, nor justified, but unnecessary, infringing the plaintiff's personal information, so the business to the Deyang District court. Ask Hotpot restaurant to delete personal information, apologize. After receiving the indictment, Jingyang District Court heard the case.
The court heard that Luo to hot pot restaurant dining, there is no need to provide mobile phone number, birthday, name, geographical location, address book and other information unrelated to food and beverage consumption. The court ordered the restaurant to stop the infringement and delete the personal information obtained from Luo within 10 days from the effective date of the ruling.
All localities carried out comprehensive treatment and standardized consumption services for scanning codes
In response to the current chaos of mandatory scanning code consumption, Beijing, Shanghai and other local network information offices have launched a series of comprehensive treatment actions together with relevant competent departments, and introduced relevant policies to regulate scanning code consumption services.
It is understood that at the end of August this year, the Beijing Municipal Network Information Office formulated and issued the "Beijing Municipal Code consumption services illegal collection and use of consumer personal information case analysis and compliance guidelines", which for forcing or inducing consumers to pay attention to the public number, forcing consumers to provide personal information unrelated to functions, illegal provision of consumer personal information to third parties and other six categories of violations were standardized.
Starting in mid-June, the Shanghai Cyberspace Administration Office, together with the market Supervision Bureau, launched a six-month special law enforcement action, during which three companies with relevant violations were interviewed and demanded a comprehensive rectification of the excessive collection of personal information. It is understood that at present, the Shanghai Internet Information Office focuses on eight consumer areas such as catering stores, parking scanning code, children's training, supermarket shopping, financial small loans, real estate agencies, car 4S shops, and rental chargers to carry out centralized management.
