Research On The Regulation Of Algorithmic Discrimination From The Perspective Of Consumer Rights And Interests Protection

The algorithm technology spawned by the era of big data has brought us convenience but also created challenges.In the field of e-commerce,the phenomenon of platform operators using algorithm technology to discriminate against consumers and infringe on their legitimate rights and interests is increasing,and the current legal framework for the protection of consumer rights and interests in China cannot ensure comprehensive and effective protection of consumers.Through the research and analysis of relevant foreign systems and experience,it is found that the United States has formed a consumer protection model that focuses on algorithm accountability,and the European Union has also formed a model of protecting consumer rights and interests through the protection of consumer personal data,both of which have achieved good results and can be used as a reference for China to a certain extent.On this basis,combined with China’s specific national conditions and from the perspective of consumer protection,the following suggestions are put forward to regulate algorithmic discrimination: First,from the legislative level of consumer protection,it is necessary to enhance the legislative protection of consumers’ right to know,fair trade and choice,accelerate the implementation of the Personal Information Protection Law of the People’s Republic of China,and ensure the security of consumers’ personal information,so as to better guide administrative law enforcement and judicial practice.Secondly,in terms of law enforcement supervision of consumer rights protection,a long-term mechanism for multi-department coordination with clear powers and responsibilities should be established,the regulatory system should be innovated,algorithm risk review should be incorporated into the daily work of market spot checks by market supervision and law enforcement departments,and a three-dimensional and comprehensive personal information protection network should be established including enterprises,personal information protection monitoring institutions,and market supervision and law enforcement departments.Finally,in terms of judicial remedies for the protection of consumer rights and interests,the system of consumer burden of proof should be improved,so that the function of consumer public interest litigation can be realized,the cost of consumer rights protection can be reduced,and the burden of proof should be transferred to alleviate consumers’ difficulties in adducing evidence.Legislative,administrative,and judicial aspects coordinate governance to regulate algorithmic discrimination to the greatest extent and protect the legitimate rights and interests of consumers..