The Crisis Of Big Data Algorithm Discrimination And Legal Response

In the era of big data,the collection and use of data are becoming more and more mature,and different countries and enterprises are thinking highly of data resources.With the assistant of new technologies such as big data and cloud computing,a new round of industrial innovation is booming,which has greatly changed the traditional industries and their business models and has further improved social productivity.With various types of sensors,human behaviors are transformed into huge and disordered data,and the big data algorithm has realized the transformation from data to behavior.Operators use big data algorithms to predict user's behaviors and provide customized goods and services.Users can get what they want through improved services.The transformation from product to value is becoming more accurate and faster.During the use of big data algorithms,discriminatory treatment of certain groups by unreasonable classification of data and predictions of related relationships should be regulated in the data age.Taking the penetration of big data algorithms into the economy and society as a clue,and the price discrimination behaviors that appear after the big data algorithms intervene on the network platform as the main points,this article describes the characteristics and corresponding harms of big data algorithm discrimination and explains the necessity of the legal regulation for this discrimination.Under current law regulation to big data algorithms,this paper further analyzes the contradiction between various choices of legal concepts and the legal dilemma of entity regulation.Through these analyses,the paper tries to make some targeted and feasible suggestion for operating.This article mainly adopts literature survey method,economic analysis method,normative analysis method and comparative analysis method.Through literature survey method,we can get valuable materials about the domestic and foreign development status and trends of this behavior field and have a full of big data algorithms' price discrimination behavior.Through the economic analysis method,the harms of price discrimination using big data algorithms in platform economic activities are analyzed in depth.It also focuses on the normative analysis method.First of all,based on theoretical analysis,it points out two contradictory choices of domestic legal values: One is the conflict between the development of the industry and user's data ownership,the other is conflict between the restriction of data use and user's right of equality and freedom to use the data.Secondly,based on the substantive law,the hysteresis quality of the law and the deficiencies of traditional remedies are analyzed.Finally,based on domestic and foreign practices,we propose targeted layering and dynamic authorization mechanisms for personal information;to construct algorithmic ethics to limit the scope of freedom;to optimize legislative provisions to clarify the obligations of operators;and to strengthen technical support for rights protection channels,proactive supervision and other measures,through which we can make some contributions to the regulation of big data algorithms.