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谁有权查看监控并公开罗永浩的行程和菜单?
经济观察报· 2025-09-13 09:42
Core Viewpoint - The article discusses the controversy surrounding the restaurant chain Xibei and its handling of customer privacy, particularly in relation to a recent incident involving public figure Luo Yonghao, who criticized the restaurant for serving mostly pre-prepared dishes. The founder of Xibei, Jia Guolong, publicly disclosed details of Luo's dining experience, raising questions about the legality and ethics of such actions regarding customer privacy rights [2][4]. Summary by Sections Incident Overview - On September 10, Luo Yonghao criticized Xibei on social media, leading to a response from Jia Guolong, who revealed details from restaurant surveillance footage, including the menu items ordered by Luo and his party [2]. - Luo's dining experience included 16 dishes with a total bill of 833 yuan, and he left a positive comment to the staff before departing [2]. Legal Implications - Legal experts argue that Xibei's actions may violate privacy laws, as the details disclosed about Luo's dining experience are identifiable personal information. Without legal justification or Luo's consent, Xibei should not have accessed or shared this information [4][5]. - The Personal Information Protection Law and the Civil Code of the People's Republic of China impose strict regulations on the use of surveillance footage and the handling of personal data [4]. Restaurant Policies - Multiple Xibei store managers indicated that only store managers have the authority to access surveillance footage, which requires a password that is updated monthly and is subject to group approval [5]. - Customers wishing to view surveillance footage must involve law enforcement, indicating a controlled access policy [5]. Menu Launch - Following the incident, Xibei announced the launch of a "Luo Yonghao Menu" across all locations, which features dishes previously ordered by Luo. This move has also been criticized as potentially infringing on Luo's name rights without his consent [5][6].
谁有权查看监控并公开罗永浩的行程和菜单?
Jing Ji Guan Cha Wang· 2025-09-13 08:48
Core Viewpoint - The incident involving Luo Yonghao's criticism of Xibei's use of pre-prepared dishes has escalated into a privacy rights controversy, with Xibei's founder publicly disclosing details of Luo's dining experience, which has raised legal concerns regarding privacy and personal information rights [1][8][10]. Group 1: Incident Overview - Luo Yonghao criticized Xibei on social media for serving mostly pre-prepared dishes at high prices, which led to a public outcry [1]. - Xibei's founder, Jia Guolong, responded by revealing details of Luo's dining experience, including the menu and the total bill of 833 yuan for 16 dishes [1][5]. - The incident has drawn attention to the legal implications of disclosing customer information without consent, particularly regarding privacy rights [8][9]. Group 2: Legal Implications - Legal experts argue that Xibei's actions may violate the Personal Information Protection Law and the Civil Code, as the details disclosed are identifiable personal information [7][8]. - The law requires restaurants to provide clear signage indicating the presence of surveillance cameras, which Xibei may not have adequately done [6]. - The unauthorized use of Luo's name for the "Luo Yonghao Menu" could constitute a violation of his name rights, as it was done without his consent [10]. Group 3: Company Response - Xibei announced the launch of the "Luo Yonghao Menu" in all its stores, allowing customers to select dishes that Luo had ordered, although this has been met with criticism regarding privacy violations [9]. - The company has not yet publicly acknowledged the potential infringement of Luo's privacy and name rights as of the latest report [11].
全红婵孙颖莎王楚钦带货土鸡蛋?用“AI盗声”牟利该担何责?
Huan Qiu Wang Zi Xun· 2025-08-24 01:54
Core Viewpoint - The misuse of AI voice cloning technology to impersonate Olympic champions for selling products on social media has raised significant concerns among the public and legal experts [1][3][5]. Group 1: Incident Overview - AI technology has been used to clone the voices of Olympic champions such as Quan Hongchan, Sun Yingsha, and Wang Chuqin to promote agricultural products on short video platforms [1][3]. - A specific case involved a self-media account that published 17 videos using AI to mimic Quan Hongchan's voice, achieving over 11,000 likes on one video, with 47,000 units of the promoted product sold [1][3]. Group 2: Legal Implications - The unauthorized use of AI to impersonate Olympic champions infringes on their rights, including name rights, voice rights, and portrait rights, as outlined in the Civil Code [6]. - If the impersonation leads to defamation or the sale of counterfeit products, the infringer may face civil liabilities, including compensation for damages and public apologies [6]. Group 3: Consumer Rights - Consumers misled by AI-generated content can file complaints with the broadcaster, platform, or merchant, and if unresolved, can escalate to consumer associations or legal action [7]. - Evidence such as video recordings of the purchasing process can aid consumers in claiming refunds or compensation, especially if they receive counterfeit products [7]. Group 4: Platform Responsibilities - Short video platforms must verify the identities of broadcasters and ensure they have authorization to use AI-generated content featuring celebrities [8]. - Platforms are required to implement mechanisms for quickly identifying and removing infringing content, and failure to do so may result in shared liability with the infringer [9].
姓名权边界岂容随意突破
Bei Jing Qing Nian Bao· 2025-04-28 13:54
Core Viewpoint - The incident of a young man in Hunan changing his name three times within a year highlights the tension between individual rights and public interest, emphasizing the need for clearer legal standards regarding name changes [1][2][3] Group 1: Individual Rights and Public Interest - The young man's name changes reflect a broader trend among the "post-00s" generation seeking unique identities, but such expressions must not violate public order and morals [2] - The rejection of the name "周天紫微大帝" was primarily due to its potential to mislead and challenge social ethics, indicating a need for balance between personal freedom and societal norms [1][2] - Frequent name changes can lead to practical issues for individuals, such as job application complications and social ridicule, as well as consuming public resources in processing these requests [1] Group 2: Legal and Institutional Framework - There is a lack of clear guidelines in judicial practice regarding what constitutes a violation of public order and morals, leading to inconsistent rulings across different regions [2][3] - Legislative bodies are urged to establish concrete standards for the use of names, particularly concerning special titles from religion, mythology, and history [3] - The need for educational and cultural initiatives is emphasized to help young people understand the value of cultural symbols while pursuing individuality [3]