Research On Legal Regulation Of Big Data Pricing Discriminatory

The development of computer technology and the information revolution have changed people’s life patterns dramatically,and in this context,the "data explosion" and algorithm technology have been inevitably combined,further having a profound impact on people’s lives.The emergence of the phenomenon of "price discrimination based on big data" is the product of this combination,that is,in order to pursue greater profits,big data platforms collect and process consumers’ personal data through algorithm technology,"consumer portraits",and carry out differentiated pricing and personalized push on consumers accordingly.Big data platform as a profit-making institution in the market economy to pursue profit is its nature,but in the process of pursuing profits,the purpose and result of "price discrimination based on big data" is only the pursuit of profit,it is beyond reproach from the perspective of market economy,but the impact or damage of this behavior is endless."Price discrimination based on big data" not only harms the legitimate rights and interests of consumers,but also destroys the fair competition between major data platforms,and is not conducive to the healthy and long-term development and innovation of the industry.The technical path of big data platform to implement "price discrimination based on big data" makes the rapid innovation and iteration based on algorithm technology,as well as the backwardness of legal norms and regulatory systems.At this stage,the innovation of algorithm technology seems to give consumers more diverse and convenient consumption choices,but its technicality and concealment also make consumers in "warm water" without knowing it.Consumers constantly "feed" the data of the algorithm technology during use,and the algorithm technology is constantly updated and iterated accordingly.At present,the algorithm technology has passed the bottleneck period,which can sort out and analyze the "feeding" data and draw a "consumer portrait",and this behavior will inevitably violate the consumer’s right to personal information,the right to know,the right to make independent choices and the right to fair trade,and put consumers in a state of slaughter.This process platform not only harms the legitimate rights and interests of consumers,but also disrupts the competition order between big data platforms and hinders the flow of capital between platforms in the market economy.Due to the different viscosity of consumers,the platform will gradually lead to a huge gap in the order of magnitude of the data information retained by the platform,and the update of algorithm technology is determined by the magnitude of the data information.Without the update and supplement of data,there will be no innovation and iteration of algorithms,and the stagnation of algorithm technology will further lead to the inability of the platform to collect sufficient and effective data information,which will lead to a vicious circle,and eventually lead to technical barriers between platforms and platforms,and gradually further deteriorate the emergence of monopoly.The emergence of monopoly will inevitably lead to no healthy competition between platforms,and will also cause the entire industry to fall into trouble,stagnate,and no longer have the motivation to develop and innovate.Therefore,if the above problems are not solved in a timely manner and illegal acts are not regulated in a timely manner,the "butterfly effect" will inevitably occur.To solve the above problems,we should first define the normative theory of "price discrimination based on big data",on the basis of which necessary and reasonable restrictions should be made on the use of algorithm technology,enhance the transparency of algorithm decision-making,clearly limit the collection and use of data by algorithm technology,and regulate it at the beginning of the realization path of "price discrimination based on big data".Then,improve the mechanism for post-event punishment and accountability for the "price discrimination based on big data",and use the Anti-monopoly Guidelines for the Platform Economy as a starting point to clarify the determination of subject qualifications in the regulation.At the same time,further clarify the regulatory authorities,and also innovate the supervision model of the big data platform to adapt to the rapid development of algorithm technology.Finally,external supervision is always late,for the healthy development of the entire industry and the common progress of the platform,it is still necessary to promote self-discipline in the industry,self-regulation from within the industry,and prevent short-sighted,harmless and unprofitable behaviors such as "price discrimination based on big data".