Legal Regulation Of Big Data "Affinity"

While the platform brings convenience to people by using big data,it also brings the problem of "affinity",which not only infringes the legitimate rights and interests of consumers,but also may have multiple adverse effects on the whole society.The essence of big data "affinity" is first-level price discrimination,which hides the dark side of algorithms.In order to balance the rights and interests conflict between consumers and platforms,it is necessary to carry out legal regulations on big data "affinity".The Personal Information Protection Law of China has officially come into effect,establishing the basic framework of algorithm governance.However,most of them are integrated and principled legislation,and there are problems in algorithm risk assessment system,algorithm interpretation right,subjective fault determination of platform,consumer relief and other aspects.As the forerunner of algorithmic governance,the United States takes algorithmic responsibility as the protection path,while the European Union chooses data protection as the protection path.China should learn from the actual situation,not blindly introduce,refine the algorithm evaluation system around the platform accountability system,clarify the subjective fault identification of the platform,configure independent algorithm interpretation right for consumers,so as to establish a perfect platform algorithm accountability system.