Research On Legal Regulation Path Of Big Data Bias

The essence of "Big data bias" is that operators use mobile terminals to collect,screen,mine and analyze user information,accurately portray users,and realize price discrimination by using profit maximization algorithm.Different from the traditional "killing ripeness" in the era of small data,the "killing ripeness" of large data has more concealment and harmfulness.Differential pricing of different products and services is not inappropriate.Businessmen can not be blamed for pursuing profits.However,it is obviously illegal to use pricing algorithm to divide group differential pricing for the same product and service,which violates the promise of information use,price preference,and creates false impressions to induce consumers to pay improper premiums.Moreover,businessmen intentionally conceal this difference and infringe on consumers'rights and interests.On the one hand,the big data "killing ripeness" behavior violates the principle of good faith and is unreasonable pricing principle.Infringement on consumers'legitimate rights and interests,such as the right to know,the right to fair dealing and the right to privacy,has not yet been explicitly regulated by the current law,and the law on price discrimination can not effectively regulate this behavior because of the restriction of subject qualification.On the other hand,the tool-algorithm of "killing ripeness" of big data is covert and complex.It can realize real-time pricing and dynamic pricing.It is difficult to supervise,which makes it difficult to define whether the "killing ripeness" exists or not.Users have difficulty in proving evidence on their own and have low willingness to seek judicial relief.It is difficult to define the illegality,regulate the relevant legislation of big data "killing ripeness" tool-algorithm,lack of supervision,difficult to prove,and difficult to apply the current law.As a result,the regulation of "killing ripeness" of big data is in a dilemma,and the behavior of "killing ripeness" of big data is becoming more and more intense.At the legislative level,we should promote the establishment of algorithmic governance tools,activate existing legal provisions applicable to new technologies such as "killing ripeness" of big data,make up for the deficiency of "informed consent" framework with reasonable use situation,and improve the protection of law for the use of personal information.At the level of law enforcement and supervision,we should establish a unified big data supervision department,introduce third-party evaluation,and improve the supervision ability.At the level of judicial relief,following the principle of inclined protection to strengthen the right relief to consumers is an effective way to regulate the "ripening" of big data.It can promote big data to better play its due value in the context of the current era.