The express collection point requires a photo to be archived before it can be taken away.
Consumer rights and business efficiency cannot be partial
□ Our reporter Han Dandong
□ Su Xinyu, our newspaper intern
Recently, many netizens questioned the pick-up rules of a Shanghai express delivery point: In order to prevent theft and mishandling, all people who come to pick up the parcel must take pictures and archives before they can take the express.
In this regard, users are very resistant-what to do if privacy is leaked?
However, the collection point is very tough, and some people have no choice but to compromise.
Experts interviewed by a reporter from the Rule of Law Daily believe that the express delivery industry should not ignore the legitimate rights and interests of consumers and pass the risks to consumers completely. Instead, they should weigh the rights and interests of consumers and business efficiency, and ensure personal privacy and safety. Safe and accurate delivery by express.
Excessive collection of personal information
Controversy caused by taking photos
According to reports, in early November, Ms. Pu, a resident of Shanghai Jinshan No. 1 Community, came to the courier collection point. When she showed the pickup code as usual and took the courier from the shelf to go out, she was suddenly stopped by the staff and pointed out The device in the corner said that you can’t pick up without taking pictures.
This camera device is called "Express Delivery High-speed Camera" in the industry.
There is a front camera on the front of the Gaopaiyi, which is used to take pictures for customers who come to pick up the package; there is a hanging camera on the top, which is used to scan the express receipt.
In this regard, Ms. Pu and the residents of the community are very worried about privacy and security. However, in order to prevent compensation problems due to loss of express delivery, express delivery outlets are required to take pictures when picking up the package, and finally can only "cooperate".
It is understood that taking photos and picking up packages has been implemented at the outlets of many express companies, most often on university campuses.
Earlier, there were media reports that the three express outlets near the teaching staff dormitory of Guangxi University of Science and Technology required customers to take personal photos before receiving packages.
After such incidents were exposed, many netizens questioned the practice.
In this regard, Meng Qiang, associate professor of the Faculty of Law of BIT and deputy secretary-general of the China Civil Law Research Association, said: “The Civil Code stipulates that the personal information of natural persons is protected by law, and clear regulations are made for personal information. Biometric information and some The scope of privacy protection of private information is still repeated. For example, consumers who are photographed when picking up express delivery may infringe on their personal information and privacy rights. Personal consent must be obtained for the collection and processing of personal information, and express outlets cannot force them to others Take pictures."
Wu Jingming, an associate professor at the Department of Economics and Law of China University of Political Science and Law, believes that there is no inevitable relationship between taking express delivery and taking pictures. Forcibly taking pictures actually violates consumers' personal information rights.
Collecting information must be appropriate, and taking photos for evidence goes far beyond the need to verify information.
Pass on the risk of express loss
Disregarding the legitimate rights and interests of customers
The reason for the many disputes is closely related to the high risk of information leakage and serious consequences.
According to reports, at this stage "face recognition" technology is extremely risky.
Previously, the media had exposed that there are loopholes in face recognition verification, which can be cracked with photos, and two yuan can buy thousands of privacy-related face photos.
At the same time, the frequent information leakage incidents of express delivery companies have also aroused public attention to personal privacy and safety issues.
Recently, a number of YTO "inner ghosts" rented employee accounts for a fee, and 400,000 personal information of citizens was leaked.
"Under such a background, it is a very normal reaction for some consumers to have doubts and resistance to take photos to collect facial information," said Zhang Xingshui, director of Beijing Jingding Law Firm.
"Once the information is leaked, it is likely to pose a great threat to the personal safety and property safety of citizens. After the photo is leaked, it is likely to be used by criminals to commit financial crimes. It is no longer a case of express companies leaking personal information once or twice. It’s hard to believe that the courier company can keep personal information well.” Meng Qiang said.
Zhang Xingshui believes that this approach is undesirable for express outlets to take photos of faces instead of the traditional mode of checking information. As long as there is a proof of identity, there is no need to take photos and archives as evidence.
Perhaps this approach is to ensure that the letters or objects they deliver can be accurately delivered to the recipient, but it is a bit overkill.
The courier can normally verify the information, check the ID card or other supporting documents, but there must be a certain limit, and cannot take pictures of the picker or force a picture.
Wu Jingming believes that the main reason for this phenomenon is that the operators of express outlets avoid responsibility.
Everyone usually provides real information when taking courier. For example, the name may not be real, but the delivery location and contact information should be real.
If done with due diligence, this is enough to deliver the courier accurately to the recipient.
The misdelivery or loss caused by the courier company is not caused by the consumer, but caused by the lack of work of the courier.
Meng Qiang said that the way of taking pictures and archiving by express delivery outlets completely transfers the risk of losing express delivery to consumers and poses a huge risk to consumers' privacy.
Courier companies should not only consider their own convenience and ignore the legitimate rights and interests of consumers.
Frequent chaos in the express industry
Urgent need to strengthen supervision and management
While the express industry is developing rapidly, chaos is frequent. In addition to this incident of forced pickups to take pictures, there was also an incident of overtime charging of Fengchao express cabinets that caused a lot of noise. Due to the inconvenience of overtime charging, this move also triggered Great controversy.
Some media commented that the root cause of many chaos is that the operators of express-related chains unilaterally increase consumer responsibilities, reduce or eliminate their own responsibilities, and ignore the needs and rights of consumers.
The healthy development of the express delivery industry requires a fair market environment, an equal and mutually beneficial relationship with consumers, and it needs to be based on respect for the rights and interests of consumers.
How can the express industry and consumers establish an equal and mutually beneficial relationship?
Zhang Xingshui said that many express companies and logistics companies have some irregular practices. Many practitioners have low quality and weak legal awareness. It is urgent to strengthen industry management, strengthen training for internal industry managers, and strengthen administration by administrative agencies. Supervision.
At the same time, improving service standards and security awareness will not only enable safe, timely and accurate delivery of express mail, but also ensure the safety of consumers' personal information.
"Relevant government departments and industry associations must take a two-pronged approach to further strengthen supervision to ensure that in the process of providing services, avoid hidden dangers that may endanger the personal information security of consumers and enable the healthy development of this industry." Zhang Xingshui said, individuals must also take precautions. Otherwise, pay attention to risk prevention and control when using express logistics.
Meng Qiang said that the supervisory authority should conduct supervision. When it is found that there is a greater risk and personal information may be leaked, it should interview the legal representative or main person in charge of the company and request rectification.
In addition, users can also complain to the competent authority.
If effective rectification measures are not taken in time, the relevant regulatory authorities can take further administrative measures, such as confiscation of illegal gains, warnings and even penalties.