Reporter Tian Xianjian.
Ordering, checkout, payment, ......With the development of information technology and the popularization of smart phones, QR code payment has been integrated into people's daily life. However, in recent years, this way of improving consumption efficiency has brought trouble to consumers due to situations such as "mandatory attention to *** forced authorization of personal information" and "frequent daily push of advertisements". Some consumers believe that scanning QR code consumption should not become a "single choice question".
Not long ago, Mr. Yu, a citizen of Hefei, Anhui Province, went to a local barbecue restaurant with his friends for dinner. As soon as I sat down, the waiter signaled that we could order food by scanning the code on the table. Since I wasn't used to it, I asked for a paper menu. Mr. Yu said that the waiter said that there was no paper menu in the store, and he could only scan the code to order.
Mr. Yu told reporters that after scanning the code, the system reminded that "the web page needs to obtain personal information before you can use the complete service", and after the operation, the page popped up a *** prompt "Scan to add friends", "pop-up menu after adding friends", "click the link to order", after a series of operations, Mr. Yu found the menu in the store's corporate WeChat. "What could have been solved with a paper menu took several minutes. Mr. Yu said.
The reporter's investigation found that Mr. Yu's experience was not uncommon. Similarly, there are some parking lots that can only scan the code to pay, and some stores can only scan the code to pay; In addition, when a tertiary hospital receives CT tablets and medicines, patients can only pick up the bag by scanning the code on the special bag machine first.
In addition to mandatory code scanning, some consumers are more worried about advertising push and privacy leakage after scanning the code.
Not long ago, Mr. Dai from Bozhou, Anhui Province, because of the need for car charging, swept the *** of the charging pile downstairs in the community to pay attention to the corresponding ***, and the functions such as paying electricity bills and finding nearby charging piles can be realized on it.
One day, *** suddenly sent a message prompting, saying that there are more than 200,000 points in my account that are about to be cleared, please redeem them immediately. Mr. Dai thought it was the points accumulated by his own charging, but he didn't think that as soon as he clicked in, the system jumped to a shopping **, which displayed all kinds of tobacco and alcohol, and also marked **discounts. In fact, the so-called *** is no different from the normal price, and the more than 200,000 points are even more imaginary. Mr. Dai said.
Due to the needs of his work, Mr. Dai often travels to stay in hotels, and when issuing invoices, he sometimes encounters the front desk refusing to provide manual services. "Scan the code for invoicing, in addition to providing the invoice title and tax number, ** will also let you fill in the mobile phone number, email address and other information. Mr. Dai said that this increases the risk of personal privacy leakage.
Why does the supposed convenient QR code scanning service add trouble to everyone's life? The reporter learned in the investigation that, on the one hand, some businesses can save labor and time through code scanning services, and can accurately push advertisements to users to reduce customer acquisition costs; On the other hand, some *** mini programs collect personal information excessively, and there is the possibility of reselling information for illegal profits.
Article 16 of the Consumer Rights and Interests Protection stipulates that business operators shall not set unfair or unreasonable trading conditions when providing goods or services to consumers. Article 26 stipulates that proprietors shall not make unfair or unreasonable provisions to consumers, such as excluding or restricting consumer rights, reducing or exempting proprietors' liabilities, or increasing consumer responsibilities by means of standard clauses, notices, statements, store notices, etc. Huang Min, a lawyer at Beijing Deheng (Hefei) Law Firm, believes that the refusal of merchants to provide manual services is essentially a disguised form of forcing consumers to choose to scan the code for consumption, which infringes on consumers' right to fair trade to a certain extent.
From the perspective of personal information protection, Article 6 of the Personal Information Protection ** stipulates that the collection of personal information shall be limited to the minimum scope to achieve the purpose of processing, and excessive collection of personal information shall not be allowed. Under normal circumstances, the purpose of consumers scanning the code is only to order food or check out, and merchants excessively collect personal information such as date of birth and ** number through *** and ***, which is neither reasonable nor legal.
If the code is scanned, the consumer has the right to refuse and report and complain to the local market supervision department or the consumer association. Huang Min said that consumers can also choose to file a civil lawsuit with the court on the grounds of infringement of personal rights or personal information.
The "Provisions on the Management of Internet User Public Account Information Services" clearly states that without the informed consent of internet users, they must not be compelled or indirectly compelled in any way to subscribe to or follow other users' public accounts. Last year, the China Consumers' Association also launched a nationwide campaign to "oppose compulsory attention to consumer supervision to better protect the legitimate rights and interests of consumers."
The relevant person in charge of the Hefei Municipal Consumer Rights Protection Commission said that operators shall not force or induce consumers to pay attention to the marketing information pushed by operators, and shall provide unsubscribe or refuse options. Mini Programs that provide QR code scanning services shall remind consumers of their privacy policies through pop-up windows or other conspicuous means before collecting consumers' personal information, and must not default to checking consent or only providing consent options.
The Hefei Municipal Consumer Protection Committee suggested that the relevant departments strengthen the administrative compliance guidance for scanning code consumption scenarios such as scanning code parking, charging, and invoicing, and standardize the behavior of operators to set up and use consumers' personal information through publicity, supervision, law enforcement, etc.
People** 2024-02-01 Edition 11).