Mr. Chen likes to shop online, so he often goes to express collection points to collect his own express delivery. Recently, he found such information on many of his express packages.
"Don't open it, scan the code, it's 5.20 yuan." "Don't open it yet, scan the code and you can get 100 yuan in cash as a red envelope." 80% of these express boxes have such a QR code on them. It says to receive 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 to get a 100 yuan recharge cash red envelope.
Subsequently, Mr. Chen was linked to a "get cash every day" activity on a certain platform by this QR code. And in the event, this so-called hundred-yuan cash red envelope is not so easy to get. It is also necessary to help Mr. Chen by constantly inviting new users to download the APP.
After a lot of hard work, Mr. Chen is still one hundred yuan away from the cash red envelope, always a few cents short. This benefit is beyond our reach.
The columnist also randomly scanned the QR codes on packages from several different express companies. Although the interfaces are different, they all induce 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 page, but was transferred to the interface of another shopping website.
Subsequently, the reporter visited several Cainiao Station outlets and found that most of the express packages were labeled with the words "Scan the QR code to win the lottery". The staff said that these QR codes came from the templates that came with the printer system and were beyond the control of the outlet. It even bluntly stated that the security of these QR codes cannot be guaranteed, and it is even harder to know the true purpose of the personal information that needs to be filled in.
The "Personal Information Protection Law of the People's Republic of China" implemented on January 1, 2021 has clarified that Article 5: Personal information shall follow the principles of legality, fairness, necessity and good faith, and shall not be used to mislead or deceive. , coercion and other methods. Article 6: The processing of personal information shall have a clear and reasonable purpose, shall be directly related to the purpose of processing, and shall be carried out in a manner that has the least impact on personal rights and interests.
Is it illegal for these online platforms to provide consumers’ personal information and conduct free marketing under the banner of lottery benefits?
Lawyer Liu Xiangbin from Hubei Dewei Shangjun Law Firm: The "Consumer Rights Protection Law" clearly stipulates that consumers have the right to protect personal information in accordance with the law. In this incident, the express "scan code" advertising page required consumers to fill in personal information such as name, address, contact information, etc., but did not clearly inform the advertiser of this information and the purpose of collecting user information. Although consumers agree that advertisers collect personal information in order to obtain preferential products, this consent is not based on the premise that consumers are fully informed. This is a misleading and fraudulent way of collecting personal information and breaches the regulations governing the processing of personal information.
If consumers are harmed as a result, advertisers must not only bear infringement liability, but also face corresponding administrative penalties. In addition, if an advertiser that collects consumers' personal information still sells or provides consumers' personal information to others, it may also constitute a crime of infringement of citizens' personal information and will bear criminal liability according to law.