Xuhui issues guideline aimed at code-scanning meal order service

Ti Gong

Shanghai's first guideline on restaurants' meal ordering service through QR code scan was released by Xuhui District on Tuesday to regulate the operation of catering businesses and protect the privacy of diners.

Code-scanning meal ordering has become a trend among restaurants in the city to curb COVID-19 and improve efficiency, though many require diners to scan a QR code to follow the restaurant first and diners also need to register their personal information before placing orders, the Xuhui District Administration for Market Regulation, which drafted and released the guideline, said.

In some cases, eateries only provide code-scanning ordering services instead of manual services, according to the administration.

"The service has triggered many complaints among consumers and also exposed hazards of personal information leakage," said He Jian, head of the administration's law and regulations department.

Administrative penalties have been imposed on eateries, who were found to have collected excessive personal information about diners through the service and failed to clarify the purpose, way, scope and use of the information, the administration said.

The China Consumers Association said that the code-scanning method to order meals infringes consumer rights and the application of new technologies should not become a consumption barrier for some special groups.

Be vigilant; "consumption convenience" is becoming "consumption concerns," the association warned.

Ti Gong

Targeting such issues, the guideline bans dining service providers from compulsorily asking consumers to register their personal information or authorize the collection of their personal information such as mobile phone number and WeChat account as well as the excessive collection of consumers' personal information when providing such services.

They are also banned from sending commercial information to diners without their consent, the guideline states.

The collection of diners' personal information should stick to the principle of "legal, justified and necessary," and restaurant chains should get the consent of consumers if their information is shared by different outlets.

Restaurants are prohibited from selling consumers' personal information, the guideline stipulates.

Meanwhile, restaurants that replace manual service with code scanning service should inform diners about it by putting up notices at prominent spots at their venues, enabling consumers to decide whether to dine there or opt out, according to the guideline.

Authorities also encourage restaurants to maintain manual service and offline menu version and support other payment modes such as cash taking into consideration the elderly.

Some restaurants have already made adjustments in line with the guideline.

"In the past, we asked diners to place orders after following our restaurant's WeChat account. Now, we have changed it to meal ordering via WeChat mini program," said Wei Qinzhi, head of the Shanghai branch of Kwei Mun Lung, a Hangzhou-style chain restaurant. "We have skipped the collection of consumers' personal information after the adjustment."

At the Xujiahui outlet of the restaurant, paper-version menu is still provided, and manual service is available, especially for seniors unable to use scan services.

"I prefer manual service for fear that my personal information will be leaked or even abused," said Li Xiaoxiao, a diner.

"In many cases, I don't know when and how my personal information is leaked when receiving telemarketing calls," she added.

"I was often forced to agree to the collection of my information when ordering food on WeChat because there was no other option," said Zhang Menghua.

"If, as they say, the situation has improved now, I am willing to make dining orders via online channels only if I don't need to provide information such as mobile number and birth date."

The administration said it will step up promotion of the guideline among catering businesses.