In recent years, with the development of digital economy, scanning code to order food has become the main operation mode of many restaurants. In all fairness, it is permissible for merchants to scan the code and order food after obtaining the consent of consumers. In this case, the consumer Luo has made it clear that he only chooses paper menu to order food, but the merchant still asks him to pay attention to WeChat official account, resulting in the illegal collection of personal information of Luo, which obviously constitutes infringement, and the court decided to stop the infringement, which is not unfair at all. The court's verdict not only provides a reference for consumers to protect their personal information according to law, but also releases a strong warning signal that consumers should not be forced to pay attention to WeChat official account before spending. This is undoubtedly of guiding significance for purifying the consumption environment and promoting the application of digital technology to return to good intentions.
scanning code to order food is one of the consumption patterns in the era of digital economy. It can not only make consumers pay attention to WeChat official account, but also make merchants better retain customers, which is a win-win situation. However, because this consumption pattern involves the collection and processing of consumers' personal information, it also needs merchants to respect consumers' right to choose independently, so as to truly achieve a win-win situation. If merchants insist on paying attention to WeChat official account, they will inevitably step on the legal red line and face legal responsibility.
article 9 of the consumer protection law stipulates that consumers have the right to choose their own goods or services. In other words, consumers have the right to choose their own satisfactory goods or services according to their own needs, intentions and interests. In order to order food by scanning the code, merchants bind ordering food and paying attention to WeChat official account forcibly, which directly deprives consumers of their right to choose their own consumption methods.
In fact, consumers resent compulsory code scanning in dining consumption, mainly because they are worried that it will pose a security threat to personal information. This is because in the process of code scanning, merchants will use this to obtain sensitive personal information such as consumer name, address book, WeChat avatar, nickname, region and gender. If businesses do not handle it properly, it will inevitably cause security risks to consumers' personal information. According to the provisions of the Personal Information Protection Law, the handling of personal information should follow the principles of legality, legitimacy, necessity and good faith, and personal information should not be handled by misleading, fraud or coercion. It is forbidden by law that merchants obtain consumers' personal information by paying compulsory attention to WeChat official account, which is prohibited by the Personal Information Protection Law.
undeniably, the consumption mode of scanning code to order food has the advantages of convenience and quickness, but the implementation of this consumption mode should abide by the basic rule of law principle of not infringing consumers' personal information. In reality, many businesses are still stubborn knowing that WeChat official account may face legal risks, mainly because most consumers are unwilling to take it seriously according to law. This consumer in Deyang, Sichuan, faced with the merchants' forced attention to WeChat official account's outrageous behavior of infringing on his personal information, and resolutely took up legal weapons to discuss it, which was a manifestation of awakening the awareness of the rule of law. The court supported its claim according to law, which embodies the judicial value orientation of protecting consumers' personal information and promoting the application of digital technology to goodness.
The court ruled that merchants forced consumers to scan the code to order food, which constituted infringement and was also a rule of law lesson. Consumers and businesses should understand the profound meaning of the rule of law to protect personal information through this case, and relevant departments should also make good use of such vivid and vivid cases to carry out legal publicity, so as to ensure that scanning code and ordering food can be standardized within the framework of the rule of law that does not infringe on consumers' personal information.