Court Rules QR‑Code Ordering System Infringes Consumer Privacy in Sichuan Hot Pot Restaurant

When dining out, many customers hear waitstaff say, “You can scan the QR code to order and save queuing time.” However, a recent case in Sichuan showed that forcing QR‑code ordering can constitute an infringement of personal information rights.

Consumer Luo, who visited a hot‑pot restaurant in Deyang, was told he could only order by scanning a QR code. The process required him to follow the restaurant’s public account, which in turn demanded personal data authorization.

Although Luo requested a paper menu to avoid following the public account, his request was denied. He was told that clicking a blank area would bypass the requirement, but this proved ineffective.

By authorizing, the restaurant obtained Luo’s WeChat nickname, avatar, and even his location. The staff also used Luo’s phone to scan the QR code, automatically following the restaurant’s public account.

Luo argued that the restaurant’s collection of phone number, birthday, name, address book, and other personal details was unrelated to dining and thus infringed his privacy, filing a lawsuit demanding deletion of his data and an apology.

The court in Jinjiang District, Deyang, ruled that providing such personal information is unnecessary for restaurant services and that the restaurant’s forced collection violated the legal principles of legitimacy, necessity, and propriety, constituting an infringement of Luo’s personal information.

The court ordered the restaurant to stop the infringing practice.

In 2021, the China Consumers Association also warned that new technologies like QR‑code ordering should not become tools to restrict consumer rights or to harvest personal data.

Most consumers find the practice objectionable, especially older customers who may struggle with smartphones. Many suggest that restaurants provide their own ordering devices rather than forcing customers to use personal phones.

It is time to take personal information privacy seriously.