scan the code and order food after the program.
In this regard, China Consumers Association expressed the following views:
First, only providing "scanning code to order food" is suspected of over-collecting consumer personal information.
article 111 of the civil code: "the personal information of natural persons is protected by law. If any organization or individual needs to obtain other people's personal information, it shall obtain and ensure the information security according to law ... "
article 29 of the law on the protection of consumers' rights and interests stipulates: "operators shall follow the principles of legality, justness and necessity in collecting and using consumers' personal information, and clearly state the purpose, method and scope of collecting and using information, and obtain the consent of consumers. ..... "
When a consumer goes to a restaurant, it is not necessary to provide information unrelated to food consumption, such as mobile phone number, birthday, name, geographical location and address book.
Some restaurants no longer provide manual ordering, and require on-site dining consumers to pay attention to WeChat official account or applets first, and then scan the code to order, so as to obtain consumers' personal information, which not only violates the legal, legitimate and necessary principles of collecting and using personal information, but also is suspected of excessive collection of consumers' personal information. Moreover, if it is not properly kept, consumers' personal information may be leaked or lost.
second, only providing "scanning code to order food" infringes on consumers' fair trade rights.
according to the first paragraph of article 11 of the consumer protection law, "consumers have the right to fair trade."
Paragraph 2 of Article 16 stipulates, "When providing commodities or services to consumers, business operators shall abide by social ethics, operate in good faith and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.
Restaurant operators don't provide manual ordering service, but only scan the code to order food, which not only violates business practices, but also makes consumers who eat on the spot only pay attention to or bind the operator's WeChat official account or applet and passively authorize the operator to obtain their personal information.
This practice infringes on consumers' fair trading rights, and it is a compulsory trading behavior for consumers who dine on the spot by setting unfair and unreasonable trading conditions.
third, not providing on-site menus is detrimental to consumers' right to know.
the first paragraph of article 8 of the law on the protection of consumers' rights and interests stipulates that "consumers have the right to know the true situation of the goods they buy or use or the services they receive."
consumers report that some restaurants only provide scanning code to order food, but at the same time, they do not provide on-site diners with intuitive on-site menus and food prices. Consumers can only see the specific menus and know the food prices after scanning code to pay attention to restaurants.
The menu is an important reference for consumers to make decisions, and it is directly related to whether they accept catering services. Restaurants should provide an intuitive on-site menu for consumers to know the dishes and prices and decide whether to eat.
The practice of not providing on-site menu and scanning code for attention before browsing dishes and prices infringes on consumers' right to know.
fourth, the application of new technologies should not be an obstacle to the consumption of special consumer groups.
due to the complexity of smart phone operation, scanning code for ordering food is not universal.
the elderly and minors often need the help of others to complete the process of scanning code and ordering food.