Sweeping code ordering is one of the consumption patterns in the digital economy, which allows consumers to pay attention to the public number and then come back to enjoy the food, but also allows merchants to better retain customers, a win-win situation. However, because this mode of consumption involves the collection and processing of consumers' personal information, it is also necessary for merchants to respect the consumers' right to make their own choices in order to truly realize a win-win situation. If the business is bent on mandatory attention to the public number, it is bound to step on the legal red line and face legal responsibility.
Article 9 of the Consumer Protection Law provides 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 accept the mandatory code scanning, mainly because they are worried that it will pose a security threat to their personal information. This is because in the process of scanning the code, the merchant will use this to obtain the consumer's name, address book, microblogging avatar, nickname, region and gender and other sensitive information belonging to personal privacy. If a merchant does not handle this information properly, it will 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 lawfulness, legitimacy, necessity and good faith, and should not be handled in a misleading, fraudulent or coercive manner. The fact that merchants are forced to pay attention to the public number to obtain consumers' personal information belongs to the personal information protection law expressly prohibited "shall not be excessive collection of personal information" behavior, which 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 not to infringe on consumers' personal information. 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. In Deyang, Sichuan Province, the consumer, faced with the arbitrary behavior of the merchant's mandatory attention to the public number infringing on his personal information, decisively took up the legal weapon to seek justice, which is a manifestation of the awakening of the awareness of the rule of law. The court's decision in favor of the lawsuit reflects the judicial value of protecting consumers' personal information and promoting the use of digital technology for good.
The court ruled that consumers' mandatory code-sweeping ordering constitutes an infringement of the rule of law. Consumers, merchants should read through the case to understand the deep meaning of the rule of law to protect personal information, the relevant departments should also apply this kind of vivid case, to carry out legal publicity, to promote the scanning code to order to be able to regulate the rule of law in the framework of the infringement of consumers' personal information.