Regulation Of "Big Data's Killing Familiar"Behavior Of E-commerce Platform Operators

In recent years,the e-commerce platform operator "big data kill familiar" behavior frequently appeared in the newspaper,has caused the consumer widespread discussion.Ecommerce platform operators make use of the advantages of natural data collection,carry out accurate portraits of consumers through algorithms,and make differential pricing for consumers on the basis of accurate analysis of consumers' price sensitivity.This behavior not only reflects the unfair treatment of consumers in price,but also reflects the current situation of unreasonable collection and processing of personal information and data.However,the behavior of "killing familiar with big data" mostly stays in the media opinion at present,the platform's justification makes whether there is a more complicated and confusing behavior of "big data killing familiar",and almost no consumer has brought the action to court.The main reason is that the research on this kind of behavior is not enough in our country,and the corresponding law,relief system and supervision measures are lagging behind in big data's time.On the basis of analyzing the existing problems in the regulation of "big data killing mature" in the current law of our country,this paper puts forward some corresponding suggestions in order to perfect the regulation path of the behavior of "big data killing mature" in our country.The first chapter mainly clarifies the basic theory of "big data killing mature",including the definition,expression,cause and harm of "big data killing mature".It is concluded that the practice of "big data kill familiar" constitutes price discrimination in economics,which is mainly characterized by individualized pricing on the basis of the portrait of the consumer big data.The causes of "big data kill familiar" mainly include the serious information asymmetry between platform and consumers,the effective barrier between consumers in the era of mobile interconnection,and the essence of profit driven by operators.The harm of big data's killing behavior is that it has adverse effects on consumers,other operators and market order.The second chapter focuses on the analysis of the existing problems in the legal regulation of "big data's killing mature" behavior.There is no specific regulation on big data's killing familiar in the current general law,and there is also no special provision in the electronic commerce law.The current regulation is mainly carried out from two levels.The differential pricing behavior shown by big data can be regulated from theangle of price discrimination and consumer protection.However,the problem of personal data collection and processing involved in "big data killing mature" itself is mainly regulated by the relevant legislation of personal information protection.Finally,the author concludes that the existing problems in the legal regulation of big data's killing behavior mainly include the lack of applicability of the current law,and the difficulty of the current personal information protection system to play its role.The current regulatory supervision of the platform is weak,and consumers after the relief system is not perfect.The third chapter is mainly to the second chapter proposed in China's current "big data" behavior of the legal regulation of the problems put forward.First of all,it is suggested to strengthen the applicability of the existing law to the behavior of "big data killing" by amending or interpreting the articles,and to broaden the extension of consumers' right to know from the angle of consumer protection.From the point of view of price discrimination,it is clear that big data kills the standard of price discrimination.Secondly,it is suggested to introduce the concept of scenario and risk-oriented to perfect the personal information protection system in China.Thirdly,from the aspect of consumer relief,it is suggested that the liability of platform operators should be strict with the idea of tilt protection.Finally,it is suggested that we should strengthen the supervision of the platform,clarify the main body of supervision,perfect the supervision model with equal emphasis before and after the event,strengthen the self-discipline of the industry and the self-protection consciousness of consumers,and establish the pattern of "big data killing familiar".