Big Data discrimination"relies on the acquisition and utilization of personal information,and there are obvious limitations to regulating it from the perspective of traditional consumer rights protection.The path of personal information protection,which begins from the effective controlling of personal information to prevent the emergence of big data discrimination,can largely compensate for the shortcomings in the path of consumer rights protection.Personal Information Protection Law of the People's Republic of China provides a legal basis and basic framework for this path.The first paragraph of Article 24 of the law is the central provision for regulating big data discrimination,which falls under the category of"unreasonable differential treatment"referred to in this provision.In practice,big data discrimination can be regulated in two stages,pre-prevention and post relief.In terms of prevention,the law sets boundaries for the handling of users'personal information by online platforms;the use of big data to manipulate personal information is considered an illegal act of improper handling.At the same time,personal information providers have the right to refuse algorithm recommendation services,which can effectively prevent the risk of personal information authorization systems being abused for big data manipulation.In terms of post-incident relief,if online platforms engage in such illegal behaviors,they must bear corresponding civil liabilities,including liability for breach of personal information authorization contract and tort liability for infringing on personal information rights.
关键词
大数据杀熟/个人信息/私法规制/算法/民事责任
Key words
Big Data Discrimination/Personal Information/Private Law Regulation/Algorithms/Civil Liability
维普
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