The problem of "killing big data" has attracted the attention of the regulatory authorities. Nandu reporter found that in 2020, many departments have issued relevant regulations or statements to regulate the "big data killing" of platform enterprises.
On August 3rd, 20201day, the Ministry of Culture and Tourism issued the Interim Provisions on the Management of Online Tourism Management Services, which clearly defined the field of online tourism for the first time. In response to the controversial issue of "big data killing", Article 15 of the Interim Provisions clearly stipulates that online travel operators shall not abuse big data analysis and other technical means to set unfair trading conditions based on tourists' consumption records and travel preferences, infringing on the legitimate rights and interests of tourists. The Interim Provisions shall be implemented as of June 65438+ 10/day of the same year.
On June 5438+065438+1October 10 in 2020, the General Administration of Market Supervision issued the Anti-monopoly Guide for Platform Economy (Draft for Comment), prohibiting operators in a platform economy with market dominance from abusing market dominance, giving different treatment to counterparties with the same trading conditions without justifiable reasons, and excluding or restricting market competition.
Some experts told Du Nan that this regulation is to deal with the problem of "killing big data". For example, the first paragraph of Article 17 mentions that "based on big data and algorithms, different transaction prices or trading conditions are implemented according to the payment ability, consumption preferences and usage habits of the transaction counterparts", which means that the platform implements price discrimination based on "user portraits".
China Consumers Association suggested that relevant laws should add relevant provisions on algorithm application.
China Consumers Association said that when some platform enterprises provide products or services through big data, artificial intelligence and other means, there are behaviors that infringe on consumers' rights and interests, such as killing big data, recommending online search bidding rankings, and distorting evaluation results. The core behind it is the application of algorithm technology on the Internet platform, such as recommendation algorithm, price algorithm and evaluation algorithm.
China Consumers Association pointed out that some operators use algorithms to discriminate prices, including setting different prices for new and old users, and member users are more expensive than ordinary users; Set different prices for consumers in different regions; Users who browse the page many times may face price increases; Using complex promotion rules and algorithms, the price confusion setting is implemented to attract consumers who are difficult to calculate the real price. "This algorithm will cause selective target damage."