In this case, the consumer Luo has made it clear that he only chooses to order from paper menus, and the merchant still asked him to pay attention to the public number, resulting in Luo's personal information being collected illegally, which obviously constitutes an infringement of the rights of the consumer, and the court ruled that the infringement of the rights of the consumer should be stopped, which is not unfair at all. The court's decision not only provides a reference for consumers to protect their personal information according to the law, but also releases a strong warning signal that consumers should not be forced to pay attention to the public number before they can consume.
This is undoubtedly a significance for the purification of the consumer environment and the promotion of the application of digital technology to return to the original intention of the good.
Sweeping code ordering is one of the consumption mode of the digital economy, not only can let consumers pay attention to the public number after the convenience of coming back to enjoy the food, but also allows businesses to take this to better retain customers, is not a win-win situation. However, as this mode of consumption involves the collection and processing of consumers' personal information, it also requires businesses to respect consumers' right to make their own choices in order to truly realize a win-win situation.
If merchants are bent on mandating attention to public numbers, they are bound to step on legal red lines and face legal liability.
Article 9 of the Consumer Protection Law states that consumers have the right to choose their own goods or services. In other words, consumers have the right to independently choose goods or services they are satisfied with according to their own needs, intentions and interests. In the case of code-sweeping food ordering and consumption, the merchants' mandatory bundling of food ordering and public number following is a direct deprivation of the consumers' right to choose their own way of consumption.
In fact, consumers are reluctant to be forced to do so because they are concerned about the security risks to their personal information.
This is because in the process of scanning the code, merchants will use it to obtain sensitive information such as consumers' names, address books, WeChat avatars, nicknames, regions and genders, etc., which belong to personal privacy. If a merchant does not handle this information properly, it will certainly pose a security risk to the consumer's personal information. According to the Personal Information Protection Law, the handling of personal information should follow the principles of legality, legitimacy, necessity and good faith, and should not be done through misleading, fraudulent or coercive means.
Businesses are forced to pay attention to the public number to obtain consumers' personal information, belonging to the personal information protection law expressly prohibited "shall not be excessive collection of personal information" behavior, has been prohibited by law.
It is undeniable that this mode of consumption has the advantage of convenience and speed, but the implementation of this mode of consumption should abide by the basic principle of the rule of law does not infringe on the personal information of consumers.
In reality, many merchants know that forced to pay attention to the public number may face legal risks still obsessive, mainly from the majority of consumers are not willing to law and its true. The Deyang, Sichuan, consumer faced with the business forced to follow the public number of infringement of their personal information of the brutal behavior, decisively take up the legal weapon to seek justice, is the awakening of the rule of law consciousness performance.
The court's decision in favor of the plaintiff's claim reflects the judicial value of protecting consumers' personal information and promoting the use of digital technology for good.
The court's decision to force consumers to scan the code to order food is also a lesson in the rule of law.
Consumers and merchants should read the case to understand the deep meaning of the rule of law to protect personal information, and the relevant departments should also apply this kind of vivid and vivid cases to carry out legal publicity to promote the scanning code to be able to regulate the rule of law framework that does not infringe on the consumers' personal information.