China Consumer Association: will carry out nationwide consumption supervision mode of "opposing compulsory attention to official account" | consumers | scope
Parking for payment, ordering meals, shopping... Nowadays, scanning code to pay instead of manual service has become a common practice, but this "convenient and fast" consumption method, which should have "improved efficiency", has troubled many consumers due to the fact that some places set up payment by paying attention to official account, forced to authorize personal information, daily frequent push advertising and other situations. After scanning the code, consumers will often be harassed by a large number of irrelevant information such as advertisements and coupons sent by the official account, and may also face the risk of personal information disclosure and falling into consumption traps in the process of applying for various permissions.
Article 26 of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests stipulates that "operators shall not make unfair and unreasonable provisions to consumers by means of standard terms, notices, statements, shop notices, etc., which exclude or limit the rights of consumers, mitigate or exempt the responsibilities of operators, and increase the responsibilities of consumers, and shall not use standard terms to force transactions by means of technical means." Article 29 stipulates that "operators shall follow the principles of legality, legitimacy, and necessity in collecting and using consumer personal information, clearly indicate the purpose, method, and scope of collecting and using information, and obtain the consent of consumers...." Article 12 of the Administrative Provisions on Internet Users' Public Account Information Service provides that "the public account information service platform shall standardize the public account recommendation and subscription mechanism, and shall not With the consent of Internet users, they shall not be forced to subscribe to other users' public accounts in any way or in any disguised form."
In the Internet era, code scanning consumption continues to be popularized. Operators require consumers to pay attention to the official account, and through the practice of placing orders, settling accounts, and issuing invoices on the official account, they can obtain a large number of reading and attention, and attract more attention and patronage from consumers through advertising, information push, and other ways to enhance user stickiness. But any business behavior of any enterprise must respect the wishes of consumers, safeguard their legitimate rights and interests, and uphold the bottom line of the law. The operator's behavior of paying attention to the official account or using mobile APP and applet as the premise for consumers to exercise their rights or enjoy services, and in the process of obtaining consumer personal information unrelated to services, has violated the provisions of the Consumer Protection Law of the People's Republic of China and the Personal Information Protection Law of the People's Republic of China, and has infringed on consumers' right to independent choice and fair trade. Consumers have the right to refuse and report.
Local consumer associations such as Beijing Consumer Association, Shanghai Consumer Rights Protection Committee, Jiangsu Consumer Rights Protection Committee and Shenzhen Consumer Committee have spoken about the "compulsory concern about the use of scanning code", and appealed to stores, restaurants, parking lots and other businesses not to force consumers to pay attention to the merchant's official account and not excessively ask for consumers' personal information in the process of scanning code and paying fees by issuing initiatives, organizing operators to make self-discipline commitments, carrying out special consumption supervision and other rights protection work.
In order to protect consumers' rights and interests such as the right to independent choice, fair trade and personal information, the China Consumer Association will carry out nationwide consumption supervision work of "opposing compulsory attention to official account" against problems existing in code scanning consumption, and consumers can reflect such problems to the China Consumer Association by email. The China Consumers Association will entrust professional rights protection volunteers to summarize, analyze, and organize clues, and adopt methods such as warning prompts, interviews and persuasion, supporting consumer litigation, and initiating consumer civil public interest litigation according to the situation, in order to protect the legitimate rights and interests of consumers in accordance with the law.