Research On Legal Issues Of Consumer Rights Protection In Big Data Killing Behavior

With the progress of technology,operators use algorithm technology to collect consumer personal data information,user portraits,according to the different consumer preferences of the implementation of differential pricing,market transaction order caused damage.The superiority of algorithm technology further aggravates the status imbalance between consumers and operators.In the context of big data,it is urgent to clarify the legitimate boundary of operators’ collection and processing of consumer information data.This paper defines the big data killing behavior from the analysis of the concept of big data killing behavior,the subject of the behavior and the implementation of the technical path,and analyzes the reasons for the illegality of the behavior and the illegal behavior will bring about the legal consequences.Secondly,by studying the existing relevant laws and regulations in China and the relevant academic theoretical viewpoints discussed in the academic circle,it is clear that the big data killing behavior has caused substantial infringement on consumers’ right to fair trade,right to know,right to withdraw consent and right to withdraw regret.On the basis of analyzing the illegality of the behavior,this paper studies the current situation of legislation and judicial operation in China,and analyzes the following deficiencies in the protection of consumer rights and interests in the big data crime in China: First,the operator fails to fulfill the obligation of full disclosure,which makes it difficult to protect consumers’ right to know.Secondly,consumer to reach a deal quickly,without sufficient understanding of the legal consequences that may be brought about after authorizing and agreeing,generalize the information collection behavior of consenting operators,making it difficult for consumers to exercise the right to withdraw consent.Third,it is difficult for consumers to protect their rights,and it is difficult for consumers to exercise the right of withdrawal they enjoy after being killed by big data.Therefore,this article from the perspective of maintaining consumers’ rights and interests,try to expand the knowledge of consumer content and scope,and perfect the rules of consumers to withdraw consent right,clear the right of consumers back way and path,from trading platform in advance,matter and afterwards to carry on the consummation to the Angle of the three links,fully protect the legitimate rights and interests of consumers.