Mr. Chen usually likes online shopping, so he often goes in and out of the courier collection point to collect his own courier. Recently, he found such information on many of his express parcels.
"Don't open it, scan the code, 5.20 yuan." "Don't open it first, scan the code and you will get 100 yuan in cash to charge the red envelope." 80% of these express boxes have posted such a QR code, which says to collect red envelopes, ranging from five yuan to one hundred yuan.
Such benefits look very attractive. Is it really such a good thing? With the mentality of giving it a try, Mr. Chen opened a QR code, and he can get 100 yuan for cash-filled red envelopes.
Subsequently, Mr. Chen was linked to a "get cash every day" activity on a platform by this QR code. And in the activity, this so-called hundred-dollar cash-filled red envelopes is not so easy to get. You also need to help Mr. Chen by constantly inviting new users to download the APP.
After some tossing and turning, Mr. Chen is still a hundred yuan short of cash-filled red envelopes, always a few cents short. This kind of benefit is beyond our power.
The columnist also randomly scanned the QR codes on packages of several different courier companies. Although the interface is different, they are all inducing consumers to download different apps and ask for personal information such as phone numbers. In the end, the reporter, like Mr. Chen, did not see any lottery pages, but was transferred to the interface of another shopping website.
Subsequently, the reporter specially visited several rookie station outlets and found that most express parcels were labeled with the words "scan code lottery". The staff said that these two-dimensional codes come from the template that comes with the printer system, and the outlets cannot be controlled. Even bluntly, the security of these QR codes cannot be guaranteed, and it is even more difficult to know the true purpose of the personal information that needs to be filled in.
202 1, 1, 1 The Law of People's Republic of China (PRC) on the Protection of Personal Information has made it clear that Article 5: Personal information shall follow the principles of legality, justice, necessity, honesty and credibility, and shall not be handled by misleading, fraud or coercion. Article 6: Personal information should be handled with a clear and reasonable purpose, which should be directly related to the purpose of handling, and in a way that has the least impact on personal rights and interests.
Are these online platforms suspected of breaking the law by providing consumers with personal information and marketing for free under the banner of lottery benefits?
Lawyer Liu Xiangbin of Hubei Dewei Shang Jun Law Firm: The Consumer Protection Law clearly stipulates that consumers have the right to protect personal information according to law. In this incident, the advertisement page of express "code scanning" requires consumers to fill in personal information such as name, address and contact information, but it does not clearly inform advertisers of this information and the purpose of collecting user information. Although consumers agree that advertisers collect personal information in order to obtain preferential goods, this consent is not based on the premise that consumers are fully informed. This is a misleading and fraudulent way to collect personal information, which violates the regulations on personal information processing.
If consumers are harmed, advertisers will not only bear tort liability, but also face corresponding administrative penalties. In addition, if advertisers who collect consumers' personal information still sell or provide consumers' personal information to others, it may also constitute a crime of infringing citizens' personal information and will bear criminal responsibility according to law.