Legal Regulation Of Big Data Bias

Big data bias is a kind of behavior that platform operators use algorithms to draw big data "portraits" according to the consumer’s consumption history,chat records,browsing time and other fragmented information on the platform,so as to predict the consumer’s acceptable price range,and implement "thousands of people and thousands of prices" to encroach on consumer surplus and get maximize profits.For consumers,big data bias is unfair;it also has many negative effects on businesses and market social order.In the big data scenario,transactions rely more and more on algorithms.The Internet platform constantly optimizes the algorithm and improves the computing power,which makes the transaction efficiency continuously improve.However,the opacity and complexity of the algorithm make the operator’s infringement on the legitimate rights and interests of consumers not only a technical problem,but also an illegal act.The formal "clear pricing" makes consumers’ right to know the price become a mere formality;the operator’s induced personalized push and personalized display when searching for goods make consumers’ right of choice limited to the operator’s data darkroom;the process of operator’s differential pricing violates the real will of consumers,and is no longer a fair transaction in essence;whether it is the operator’s tacit push or the personalized display when searching for goods,it makes consumers’ right of choice limited to the operator’s data darkroom It is a violation of consumers’ right to personal information that the clause of "show" lets consumers give up the right to decide personal information,or use consumers’ personal information to send advertisements,or even collect consumers’ privacy information beyond their authority.In terms of legal regulation,the Chinese Anti-monopoly Law has the dilemma that the dominant position of the market cannot be applied and that the "counterparty" does not include consumers.Law on the Protection of Consumers Rights and Interests cannot effectively regulate the abuse of consumers’ personal information by operators,restrain the differential pricing process of operators to consumers,and solve the problem of compensation for the damage of "bias" consumers.There is ambiguity in the application of the E-commerce Law,and there is a paradox between informed consent and transparency in the application of data protection rules.The regulation of big data bias focuses on the targeted protection of consumers’ right to know,right to independent choice,right to fair trade and right to personal information.On the one hand,from the perspective of the regulation of operators,the big data operators should be included in the anti-monopoly regulation,and the disclosure obligation of operators in the e-commerce law should be strengthened,and strictly enforce the legal liability of business operators for infringing consumers’ personal information rights;on the other hand,from the perspective of protecting the relevant rights and interests of consumers,that is,giving consumers the right to know new connotation of price information,increasing the anti-digital decision-making right to protect consumers’ independent choice,increasing data erasure rights to protect consumers’ right to fair trade.So as to build a consumer rights protection system about prevention-protection-remedy in the face of big data bias.