According to news on February 3, on January 22, the Shenzhen Nanshan District People’s Court made a judgment when a user sued Tencent in a dispute over infringement liability, clarifying that the WeChat friend relationship does not belong to personal privacy.At the beginning of 2019, Mr. Wang, who lives in Harbin, found out that after logging into Tencent’s “Weivision” app using WeChat or QQ, WeChat would obtain all his WeChat or QQ friend information.
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Mr. Wang believes that Tencent has provided his WeChat and QQ friends to other apps without his authorization, infringing his right to privacy. In April 2019, Mr. Wang filed a lawsuit with the People’s Court of Xiangfang District, Harbin, demanding Tencent to delete his personal information, apologize, and compensate for reasonable expenses in safeguarding rights.
The Harbin Xiangfang Court made a ruling after accepting the case, requiring Tencent to immediately stop the infringement of the plaintiff’s privacy rights, “including but not limited to immediately stopping the use of the plaintiff’s WeChat avatar and nickname in the “Weivision” APP, and stopping the It depends on the behavior of recommending applicants to other users in the APP and obtaining all personal information such as the applicant’s area and friends.”
Subsequently, Tencent filed a jurisdictional objection and applied to transfer the case to Shenzhen Nanshan Court for trial. The application was rejected by the Xiangfang Court, and Tencent immediately appealed. In August 2019, the Harbin Intermediate Court made a final ruling and transferred the case to Shenzhen Nanshan Court. In May 2020, the case was heard in Nanshan Court.
According to the judgment, Mr. Wang believes that his use of WeChat and QQ accounts to log in to the “WeiShi” APP is only authorized to log in to the service. WeChat has no right to collect and use his gender, region, or even friendship. Mr. Wang stated that in the process of logging in and using Weishi, Weishi never told him that it would collect and use the above-mentioned information, and he never authorized Weishi to collect and use the above-mentioned information. “WeChat App can only be used to log in with WeChat or QQ accounts. Even if the plaintiff is unwilling to provide this information to Weishi, or does not want to let Weishi continue to use it, the plaintiff has nothing to do.” Mr. Wang said in the indictment.
Tencent argued that it did not infringe on Mr. Wang’s privacy. “Privacy means that users have the right to be unknowable of information in their areas of life that they do not want to disclose. The gender and region claimed by the plaintiff are public information and do not constitute privacy. “
The Nanshan Court held that the three types of information, including gender, region and WeChat friend relationship, claimed by Mr. Wang were formed in the process of using WeChat software and have been disclosed to a certain extent, that is, the above information has been included in the software operator. The relevant subject knows. “Among them, the gender and region information claimed by the plaintiff was chosen to fill in when the plaintiff registered his WeChat account. These two types of information are usually not private.”
According to the judgment, the Nanshan Court held that the WeChat friend relationship advocated by Mr. Wang did not include a private relationship that he did not want to be known to others, and others could not judge his personality through his WeChat friend relationship, which led to negative or inappropriate evaluations. “Therefore, this court determined that the WeChat friend relationship claimed by the plaintiff does not belong to the plaintiff’s privacy.
“The Weishi App is a short video social software. Both the actual operating entities of the Weishi App and the WeChat App are the defendants. Under the premise of complying with the law, the defendant can use the user relationship information accumulated by its development and operation of the WeChat App in its Reasonable use in related products.” The judgment shows that the Nanshan Court held that “the defendant’s relevant collection and use behavior in the Weishi App does not violate the principle of the necessity of personal information collection and use.”
On January 22, the Nanshan Court issued (2020) Guangdong 0305 Minchu No.825 Judgment, dismissing all of Mr. Wang’s claims.
It is reported that at present, Mr. Wang indicated that he would appeal.
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