Legal Regulation on Using Big Data for Differential Pricing:From the Perspective of Personal Information Protection
The essence of using big data for differential pricing is the behavior of an enterprise to collect and process consumers'information,so it is reasonable to regulate this type of differential pricing through personal information protection.The Consumer Privacy Bill of Rights Act of 2015 in the U.S.stipulates the requirements of"informed consent"such as"heightened transparency"and"individual control",and introduces the rule of"being reasonable in light of context"to dynamically examine whether an enterprise's data collection and processing behavior is"reasonable"in a specific scenario without the consumer's consent.Considering the unique value of"informed consent",Personal Information Protection Law of the People's Republic of China(hereinafter referred to as the Personal Information Protection Law)shall apply the principle of informed consent when regulating the act of using big data for differential pricing.In addition to the principle of"informed consent",the Personal Information Protection Law should also refer to the U.S.legislation and regard whether an enterprise has performed its obligations with the"personal information protection impact assessment"as the core as another standard for the legitimacy of using big data for differential pricing.
differential pricingpersonal information protectioninformed consentbe reasonable in light of context
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