Analysis On The Legal Regulation Of The Big Data "Affinity"

If there is nothing wrong,there must be a reason.In the environment of free competition in the market economy,it is understandable for platform operators to try their best to maximize their own interests.However,in the era of the expansion and development of data information resources,it also produces the “affinity” of big data.The“affinity” of big data in Internet platforms uses data algorithm technology,such as user portrait technology,to classify consumers and price them differently,making it possible to achieve first-level price discrimination that cannot be realized in traditional economic theories.However,the nature of big data “affinity” is controversial,and the academic discussion level is different.As far as “affinity” of big data is concerned,this paper attempts to analyze it from multiple angles,and on the basis of qualitative analysis of“affinity” of the big data,it discusses the multi-directional legal regulation.This paper starts from the definition of the “affinity” behavior of big data,and makes clear that the “affinity” of big data is a kind of personalized pricing in essence.However,different from the duality of personalized pricing,big data “affinity” has a derogatory meaning,which is harmful to market competition,consumer interests and data security,so it is necessary to regulate.But at present,there are some problems in the laws of China,such as the defect of the anti-competitive effect welfare standard and behavior subject,the limitation of consumers’ informed scope and the “opaque” price,the imperfection of data information “informed consent” and the lack of algorithm-based regulation.At the same time,the multi-department laws are all involved in big data “affinity”.Although they represent the comprehensiveness of regulations to a certain extent,they also show a trend of fragmented protection.There is a problem of insufficient coordination of regulations legislation.In view of the above problems,this paper draws lessons from relevant overseas experience.For example,we should improve the external supervision mechanism of data algorithms from the EU’s “General Data Protection Regulations”;We should expand information transparency from White House report “Big Data and Differentiated Pricing” and “California Consumer Privacy Act of 2018”;We should use Multi-faceted regulatory perspectives in OECD’s “Price Discrimination” and “Personalized Pricing in the Digital Age” etc.On the basis of the above,this paper puts forward four aspects of legal regulation suggestions on “affinity” of big data.First of all,a classification and coordination mechanism should be established for the fragmentation tendency at the legislative level,and different kinds of “affinity” big data should apply different laws.Second,it’s also should perfect anti-monopoly law regulation,which includes establishing anticompetitive effects from the legislation standard of consumer welfare,pay attention to tilt to protect consumers from the competition law.At the same time,we should also expand the scope of the subject of the anti-monopoly law and the big data “affinity” by Internet platform operators that do not have a dominant market position will be included,so that it can be regulated by price discrimination.Thirdly,from the perspective of consumers’ interests,including expanding the scope of consumers’ right to know,handing over the option of personalized pricing to consumers,and improving the transparency of pricing mechanism are important ways to ensure transparent and reasonable price publicity.Finally,from the perspective of strengthening data and algorithm legislation,we should improve the“inform consent” principle of data information,clarify the “significant impact” of algorithm regulation,and establish the multi-angle regulation mode.Finally,the multi-directional legal regulation of big data “affinity” is realized with the focus on improving data and algorithms.