The Legal Regulation Of Big Data "Swindle Acquaintances"

With the development of globalization and big data,computer technology and artificial intelligence have developed rapidly and profoundly changed human life.People make use of automatic decision-making of algorithm based on machine learning to bring convenience to life.At the same time,due to the characteristics of algorithm's technicality,concealment and information asymmetry,it brings a series of social,ethical and legal problems.By using the technology of user profiling,Big Data "Swindle Acquaintances" is questioned by the public,which makes it possible for the first level price discrimination in traditional economic theory.It is not only illegal to abandon the algorithm power,but also threaten the security of personal information.There are defects in the theoretical research,legislation and supervision system.By learning from the experience of the European Union<General Data Protection Regulation>and the United States<Califomia consumer privacy act of 2018>,we can supply legislation,clarify legal concept,strengthen self-discipline and administrative supervision of enterprises.The first chapter discusses the concept,characteristics,technical path,legal risks and legal nature of Big Data "Swindle Acquaintances".Under the background of the great development of Internet economy,each Internet operator collects and collates the user's personal information,online access track,and trading data,and forms personal data collection through the construction of big data model to form user portrait——implement the marketing mode of price discrimination.In essence,it is illegal to use algorithm power to hinder competition and impair the security of personal information.The second chapter discusses the dilemma of legal regulation of Big Data "Swindle Acquaintances".On the one hand,the current legislative provisions are relatively broad and general,and most of them are principle clauses,lacking direct protection measures for consumers' interests and personal information rights,and the administrative supervision mechanism lags behind;on the other hand,for the reason that it involves the decision-making of artificial intelligence algorithm and the protection of personal information,and there is no unified personal information protection law at this stage in China,it is difficult to taking necessary regulatory measures against the virtual environment of the Internet,coupled with the inadequacy of the traditional "informed consent" principle as its theoretical basis,leads to the lack of legal binding force for Big Data "Swindle Acquaintances" and the difficulty for consumers to safeguard their rights after being infringed.The third chapter compares the EU General Data Protection Regulation on personal information protection and price discrimination regulation,and the California Consumer Privacy Act of 2018 to protect the interests of consumers and encourage the development of Internet industry,we should learn from the transformation experience of the traditional"informed consent" principle in Europe and the United States to explore legal regulatory means suitable for China's national conditions.The fourth chapter summarizes all the chapters and puts forward the legal regulation path to improve the Big Data "Swindle Acquaintances",including clarifying the relevant legal concepts,improving the traditional "informed consent" principle,establishing the collective action mechanism for personal information protection,strengthening industry self-discipline and administrative supervision,balancing the relationship between the personal interests of consumers,the development of Internet industry and social interests,and strengthening the back of globalization The ability to deal with security problems brought by cross-border information flow.