Shulou(Shulou.com)12/24 Report--

CTOnews.com news on December 3, in recent years, the sweep order service has become rapidly popular in the catering industry and become the choice of many merchants and consumers. However, some restaurants have added a procedure between "scanning code" and "ordering": is it suspected of infringement that you cannot order food without following the official Wechat account and authorizing merchants to obtain personal information?

CTOnews.com learned from the official website of the Beijing Municipal No. 3 Intermediate people's Court that recently, the court issued a final judgment on a related dispute, finding that the pre-procedures set up by merchants to follow the official account of Wechat and obtain authorization to query personal information during the ordering process is an act of compulsory access to consumers' personal information in a disguised form and constitutes infringement.

In July 2021, Kong was registered as a member of a catering company when he ordered and checked out by scanning the code on his mobile phone when he went to a catering company. Kong found that according to the code-scanning ordering process set by merchants, it is necessary to pay attention to the merchant's official Wechat account and authorize merchants to obtain consumers' Wechat nicknames, avatars, regions, gender, mobile phone numbers and other information before they can order online. if they do not agree to authorize merchants to obtain the above information, they cannot order online. In addition, Kong found after ordering that even if he cancels the official Wechat account that pays attention to the merchant, he is still a member, and his personal information is still stored in the merchant, and the individual cannot delete it by himself.

Kong believes that this code-scanning ordering method set up by a catering company is forced to obtain consumers' personal information, and consumers are unable to delete the personal information stored in the merchants themselves, thus constituting infringement, so they sue a catering company to the court, asking the other party to stop infringing acts, inform the processing of personal information, apologize and compensate for related losses.

After the trial, the third Intermediate people's Court in Beijing held that Kong was not informed by the service staff that he could order food manually, which led Kong to think that there was only one way to serve food by scanning the code. The code-scanning ordering procedure set up by a catering company requires that Kong must pay attention to the official account of the merchant Wechat and authorize it to obtain the relevant information of Kong, which belongs to compulsory access to consumer personal information in a disguised form, so a catering company constitutes an infringement.

The Civil Code also stipulates that those who deal with their personal information in violation of the provisions of laws or administrative regulations or the agreement of both parties shall have the right to request the information processor to delete it in a timely manner. In this case, Kong tried to cancel the member and delete the personal information stored in a catering company by canceling following the official account of Wechat, but it didn't happen. During the trial, a catering company argued that consumers were required to submit a written application to delete membership information, but it had not informed Kong of the request to submit a written application in any way, resulting in Kong, as a consumer, until the lawsuit of the first instance. Still failed to delete the relevant personal information. It can be concluded that the above-mentioned omission of a catering company infringes on Kong's decision-making right of personal information in accordance with the law.

In addition, the Civil Code stipulates that the purpose, manner and scope of the processing of personal information should be clearly stated. Accordingly, Kong asked a catering company to inform him in writing of the specific scope, process and way of obtaining personal information, and the court supported it.

After summing up the case, the Beijing third Intermediate people's Court ordered a catering company to stop infringing upon Kong's personal information rights and interests, delete Kong's personal information collected, inform Kong in writing of the scope and manner of handling Kong's personal information, and make a written apology to Kong for infringing Kong's personal information rights and interests, and compensate Kong's notarization fee of 5000 yuan.

The judge reminded that when providing code-scanning ordering service, the catering industry should practice the spirit of the rule of law in the socialist core values, follow the principles of legality, legitimacy, necessity and integrity, and strictly grasp the scope of dealing with consumers' personal information. Only by strictly abiding by the laws and regulations, respecting consumers' right to know and make decisions on their personal information processing, and dealing with consumers' personal information in accordance with the law, can consumers safely and safely use code-scanning to order meals and promote the service upgrading of the catering industry, which is also the requirement of steadily promoting the development of the information society on the track of the rule of law and balancing the dividend of digital development and the protection of personal information.

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