Scan code to order
Collecting personal information is completely unnecessary
● In recent years, many restaurants have launched scan code ordering services. Consumers only need to scan the QR code on the table to place an order, which greatly improves the efficiency of dining. At the same time, it also brings excessive collection of personal information and elderly dining. Difficult to wait for new problems
● Catering companies should adhere to the combination of traditional services and smart services to protect consumers’ right to fair transaction and independent choice; they must not be forced or disguised to force consumers to pay attention to the merchant’s official account; they must not send commercial products to them without the consent or request of consumers. information
● The market supervision department should further implement the market supervision function, carry out reminders and inspections in the catering industry, combine guidance and reminders with daily supervision, and deal with behaviors that disrupt market order and infringe consumer rights and interests in a timely manner in accordance with laws and regulations
□ Our reporter Han Dandong
□ Wang Qi, an intern of our newspaper
Two days ago, Xu Bing, a Beijing citizen, came to a comprehensive shopping mall outside the North Fourth Ring Road. After sitting down at a rice noodle shop, he turned on his mobile phone and "scanned" the QR code in the lower right corner of the table to prepare an order.
However, after scanning the QR code to enter the ordering page, it was prompted to obtain WeChat personal information, including nickname, avatar, region and gender, etc., before joining a member to order food.
Xu Bing called the waiter to order a menu, but was told that there was no menu, so he could only scan the code to order.
"Scanning codes to order meals was originally a good thing and is convenient for consumers. Now it is complicated by some restaurants. It is necessary to join members to collect personal information. If you don't join, you can't do it!" Xu Bing angrily complained to the reporter of Rule of Law.
Later, he changed to a restaurant for dinner.
The reporter recently visited a number of restaurants in Beijing and Tianjin, and communicated with more than 10 consumers and found that some restaurants, especially fast food restaurants, may not be able to order without membership or WeChat authorization. Most consumers have encountered similar troubles to Xu Bing.
In an interview with reporters, two legal experts pointed out that there is no need to collect personal information when ordering meals.
In accordance with the relevant provisions of the Civil Code, the Consumer Rights Protection Law, etc., when ordering meals by scanning codes, if businesses want consumers to pay attention to their official accounts or registered members, they should give consumers the right to choose.
Scan code ordering becomes standard
More and more complex and difficult to adapt
The reason why Xu Bing is reluctant to register as a member and then scan the code to order is because he has learned from the past.
He told reporters that a few days before his birthday this year, he received a text message on his cell phone: On the day of his birthday, he had a meal at the XX Hotel and gave him a birthday gift of 88 yuan.
He rushed away and discovered that the so-called birthday gift was nothing more than a bowl of longevity noodles.
After he recovered, he realized that his personal information was in the hands of the merchant.
"Before, I registered a member by scanning the code and ordering food in this store, and now businesses use it to market and attract traffic." Xu Bing said rather unhappily.
In recent years, with the development of the digital economy, many restaurants have launched scan code ordering services. Consumers only need to scan the QR code on the table to place an order, greatly improving dining efficiency.
However, while this method improves the operational efficiency of catering companies and reduces personnel contacts, it also brings new problems such as excessive collection of personal information and difficulty in eating for the elderly.
The catering service in Wangjing area of Beijing is relatively concentrated. The reporter visited and experienced that many restaurants require consumers to pay attention to the restaurant's official account before they can enter the official account to order food; some are more hidden, and consumers can scan the QR code to order food. After that, I automatically followed the public account of the store.
In a fast food restaurant, the reporter quickly entered the product page after scanning the code. At first glance, there was nothing unusual, but when the selected product was added to the shopping cart and ready to check out, he realized that he needed one-click login on WeChat. There was also a row of small print prompts at the bottom of the page: "Authorized login means that you have read and agreed to the "Instructions for Members" and "Privacy Agreement". Click one-click login to pop up "××Order" to apply for nickname, avatar, region and other information. If you choose to decline, you will not be able to complete the checkout order .
The reporter raised an objection: Is it so troublesome to order a meal?
The waiter replied: This is ordered by the boss, and we can't help it.
A number of interviewees told reporters that in general, everyone is welcome to scan the QR code to order. It is easy to operate. It used to catch up with the peak of dining and the waiter was very busy. Sometimes the waiter had to be called repeatedly to order the food. Now order the food. No need to line up, just move your fingers, and avoid the embarrassment of the waiter staying by the side when ordering.
"But now some businesses are making ordering by scanning codes more and more complicated. Not only do they have to log in with personal information, they also push a bunch of advertisements back, which is very annoying." In Tianjin Joy City, Chen, who had just finished his meal. The lady told reporters.
In addition, the reporter walked into many old communities in Wangjing to interview, and many elderly people pointed out: Some businesses are not friendly to the elderly, and only provide scanning code ordering services during meals, instead of paper menus, and some elderly people do not use mobile phones , Some old-age machines do not have the scan code function, so they cannot scan the code to order meals.
During this year's "3·15" period, the survey results released by the Shenzhen Consumer Council of Guangdong Province showed that 97.02% of merchants used QR code scanning, and 95.64% of them still needed to pay attention or authorization after scanning the code. .
This has caused problems for many elderly people, has become a digital divide that is difficult to bridge, and has aggravated their "sense of isolation" from society.
Collecting information is intended to drain traffic
Proposals from related industries
The reporter recently contacted a company that provides a "scan code ordering applet" on the Internet on the grounds of preparing to open a restaurant. The company's customer service told reporters to install a set of functions such as ordering, cashier, takeaway management, and membership management. The smart all-in-one cash register costs between 3,000 yuan and 5,000 yuan, in addition to the annual maintenance fee of thousands of yuan.
The customer service said that scan codes are commonly used to order meals in the catering industry, "it costs a few thousand yuan, which is much lower than the cost of hiring a waiter."
The person in charge of a restaurant in Wangjing also quite agrees with this statement.
He said that the cost of ordering by scanning the QR code is completely acceptable.
On the one hand, scanning the code to order meals reduces the cost of making paper menus, especially for restaurants that frequently change menus, which can save a lot of money; on the other hand, it can also reduce the configuration of waiters, and consumers can place orders by themselves .
Regarding the issue of obtaining consumer personal information, he also frankly said: In addition to saving costs, businesses must pay more attention to the drainage effect brought by scanning codes and ordering meals-consumers' personal information and consumption traces become valuable data for restaurants, which is convenient for future consumption. Accurate delivery and promotion of information.
It is understood that there are software system developers on the market that take the "high-end customization" route. They can develop special systems with scan code ordering functions according to customer needs. Merchants can see the user’s mobile phone number, avatar, and nickname in the background. And dining preferences and other data.
In response to some problems caused by scanning codes and ordering meals, various localities and departments have begun to actively respond.
On March 25 this year, the China Consumers Association called for scanning and ordering meals, pointing out that the restaurant only provides scanning and ordering, which is suspected of excessive collection of consumer personal information and also infringes on consumers’ right to fair transactions. Technological advancement should allow consumers to enjoy development. Dividends, rather than becoming a tool for business bullying by operators.
Since then, in May and June, Shenzhen Consumer Council, Shanghai Catering Industry Association, Jiangsu Catering Industry Association and Jiangsu Consumer Council, etc., have launched self-discipline commitments for the consumer industry by scanning codes, and initiatives to optimize food ordering by scanning codes. Propose solutions and industry demonstrations.
The Shanghai Catering Industry Association proposes to optimize the scanning code ordering service: Catering companies should retain manual ordering methods, and actively assist the elderly, minors and other consumer groups with scanning code ordering; do a good job of scanning code ordering services The interface clearly displays related information such as the picture, price, brief introduction of the dishes; protects the safety of consumers’ personal information, collects consumer information in accordance with the principles of lawfulness, legitimacy, and necessity, and should not excessively collect and use consumer’s information Personal information.
The Jiangsu Food and Beverage Industry Association and the Jiangsu Consumer Council jointly proposed that catering companies should adhere to the combination of traditional services and smart services to protect consumers’ right to fair transactions and independent choices; they should enhance legal awareness, comply with laws and regulations, and collect consumption. Consumer information follows the principles of lawfulness, legitimacy, and necessity. Consumers are not forced or disguised to force consumers to pay attention to the merchant’s official account; commercial information such as advertisements may not be sent to consumers without their consent or request, or when consumers express refusal.
Carry out special rectification actions
Protect personal information security
So, some merchants only provide scanning code ordering services, or force customers to pay attention to the official account or registering members during the scanning code ordering process, otherwise the behavior of not being able to order food is defined?
"Consumers have the right to independently choose the operators that provide goods or services, and choose the types of goods or service methods. If merchants use scanning code ordering as the only way of ordering, it will violate the consumer's rights under the Consumer Rights Protection Law. The right to choose service methods.” Zhu Xiaofeng, an associate professor at the Central University of Finance and Economics, pointed out.
Zhao Zhanzhu, a lawyer at Beijing Yunjia Law Firm, said that consumers have the right to choose whether to follow the merchant's official account or registered members during the process of scanning codes and ordering meals.
The practice of forcing consumers to pay attention or register is suspected of violating the Consumer Rights Protection Law and infringing consumers' right to choose.
He further explained that the collection of consumer's mobile phone numbers and other personal information in the process of scanning codes and ordering meals should also follow the principles of properity, lawfulness and necessity stipulated by the Cyber Security Law and other laws.
In fact, consumers' needs are to eat in restaurants and accept the catering services they provide. They do not have to provide a mobile phone number or register a member or provide personal information to order food. This can be achieved through very simple technical settings.
Therefore, the act of collecting personal information of consumers in the process of scanning codes and ordering meals violates the necessary principles.
"From a business perspective, consumers can be introduced to the benefits of paying attention to official accounts or registering members, such as discounts on consumption, and consumers can choose by themselves." Zhao Zhanzhu said.
Zhu Xiaofeng told reporters that whether it is the Civil Code or the Consumer Rights Protection Law, it is clear that personal information is protected by law.
According to the provisions of the Consumer Rights Protection Law, business operators shall not send commercial information to consumers without the consent or request of consumers, or consumers expressly rejecting them.
If the operator violates the regulations and infringes on the rights of consumers, in addition to the corresponding civil liability, he may also be punished with warnings, confiscation of illegal income, fines, and even order to suspend business for rectification and revoke business licenses.
In Zhao Zhanzhu's view, the previous personal information supervision focused more on various apps operated by Internet companies, but there was a lack of supervision on the illegal collection of personal information by traditional companies through official accounts, scanning codes, and other channels.
He proposed that the market supervision department should promptly investigate and punish behaviors that force attention to WeChat official accounts and infringe consumers' right of choice during the process of scanning codes and ordering meals.
The illegal collection of personal information in the process of scanning codes and ordering meals is not a single case, but is universal. For this kind of industry chaos, it is recommended that the Internet and Information Department carry out special rectification actions.
Zhu Xiaofeng suggested that the market supervision department should further implement the market supervision function, carry out reminders and inspections in the catering industry, combine guidance and reminders with daily supervision, and deal with acts that disrupt market order and infringe on consumer rights in a timely manner in accordance with laws and regulations.
At the same time, unblock the consumer complaint and reporting platform, listen to the opinions of consumers and consumer associations and other organizations on business operators' transaction behavior, product and service quality issues, and investigate and handle them in a timely manner.
Regularly or irregularly conduct spot checks and inspections on the services provided by businesses, and promptly announce the results of spot checks and inspections to the public.
Business operators shall be punished promptly in accordance with the law for illegal and criminal acts that infringe the legitimate rights and interests of consumers in the provision of goods and services.