Big Data Kill?Please keep this guide to avoid the “pit”

2022-06-08 0 By

Can the new rules of “algorithm recommendation” plug the loophole of “Big data killing”?Is there a better way to protect personal information?How to avoid “fake grass” pit?The theme of the year of Consumer Rights protection organized by the All-China Consumers’ Association in 2022 is “Jointly promoting consumer Equity”, and guiding the value concept of “science and technology for good” is one of the important contents.”3·15″ approaching, Guangzhou Daily reporter interviewed guangdong consumers’ committee and its legal advisers, for consumers “avoid pit” offer.Guangzhou daily all media reporters He Yingsi kill cooked “” big data” algorithm to recommend new rules more targeted recently, the Beijing consumers’ association released Internet consumption big data “kill cooked” survey, in 32 of 16 platform simulation samples of consumption experience, there are 14 samples of old and new accounts do not match the price.Among them, most samples have different transaction prices due to different discounts or preferential intensity. However, experience samples of some online travel and takeaway platforms show that old and new users have different price tags for the same goods (services) at the same time, which is suspected of infringing the legitimate rights and interests of consumers.The survey found that problems with big data are mainly concentrated in consumer areas such as online shopping, online travel, food delivery and online car hailing.Chen Beiyuan, a lawyer with the Guangdong Consumers’ Council, believes that Internet platforms have a huge amount of data, and they can create accurate portraits of each consumer and “tailor” marketing plans based on their consumption behavior, habits, ability to pay or demand.The good aspect of this “tailor-made” is that it is more conducive to the effective allocation of resources and the provision of personalized consumer products.However, consumers are also prone to fall into the “information cocoon” provided by businesses, thus losing the ability to obtain more information and infringing upon a series of rights and interests such as informed consent, right of choice and right of fair trade.What are the “new measures” for consumers to protect their rights if they encounter “big data killing”?According to Chen beiyuan, consumers can save evidence in a timely manner through screenshots or videos.If the negotiation with the business is not successful, you can complain to the consumer association or relevant departments to report, protect their legitimate rights and interests according to law.In addition, the Internet Information Service Algorithm Recommendation Management Regulations (” algorithm recommendation “new regulations) implemented on March 1 this year is more targeted, which can give specific guidance to the administrative law enforcement of departments such as the network information department.From the perspective of consumers, when their rights and interests are infringed, on the basis of negotiating with businesses, complaining to consumer organizations, complaining to market regulatory authorities, suing the court and other channels, there is no doubt that there is now a channel to complain to the network information department.”Now, as for the supervision of the Internet, the responsibility of the Internet information department is becoming more and more sound, and consumers can also complain to the Internet information department when they encounter relevant violations of the rights and interests of consumers.”Chen beiyuan said.Personal information protection Businesses to obtain personal information to follow the three principles of many businesses, through gifts or coupons and other ways to induce individuals to scan code to provide personal information, in Chen beiyuan’s opinion, this is also illegal.”The law has drawn the line: it’s necessary, it’s reasonable, it’s justifiable, and it’s three principles that merchants need to follow to get personal information.”Chen beiyuan pointed out that after the introduction of the personal information protection Law, all parties have more powerful “legal weapons” to protect personal information.For example, consumers can file appeals for protection of rights based on their rights, including litigation.Consumer organizations can initiate public interest litigation based on legal empowerment, procuratorial organs can initiate relevant public interest litigation, and administrative departments can impose administrative penalties according to legal provisions.”If market players behave properly, consumers’ rights and interests will be better protected.”So how do you protect your personal information?Guangdong Consumers’ Council and Chen Beiyuan gave four suggestions: First, attach importance to the protection of personal information, conscientiously study the protection of personal information, master legal requirements and regulations, and learn to use legal means to protect personal privacy.Second, we should develop the habit of not providing personal information if it is not necessary.When accepting services from operators, it is necessary to make clear how, scope, purpose and basis operators collect personal information, and not to provide personal information to operators if it is not necessary.Third, protect your personal information.Do not easily on the Internet “drying” and personal information related to the content and information, for some easy to cause their own information disclosure information, such as express delivery, takeout orders, should be timely and properly handled.Fourth, we should actively use legal weapons to safeguard our own rights and interests.If consumers’ personal information rights and interests are infringed, they can call 12345 or 12315 to complain or reflect, or log in the official website of Guangdong Consumers’ Council to complain and protect their rights.”False grass” false “grass notes” is actually an advertisement according to the “talent” “grass notes” to “clock”, but found that the goods are not the board……In recent years some fictitious consumption experience of “grass notes” “net red assessment” misleading consumption, overdraw the trust of consumers.Chen beiyuan pointed out that in the past, due to the existence of “fake praise” online shopping platforms, consumers turned to the “diary” and “evaluation” of some consumer experts, but now these evaluation articles under the banner of consumption experience also appear fictitious.In his opinion, if the purpose of this kind of evaluation article is marketing, shopping guide, then it is actually an advertisement.Therefore, Chen beiyuan believes that such articles should also comply with the provisions of the advertising Law, including no misleading statements and no false publicity.In addition, Internet celebrities who conduct such evaluations should also bear corresponding legal liability. If they constitute false publicity and consumer fraud, they can face the legal liability of “return one and compensate three”.So how should consumer “avoid pit”?Chen Beiyuan pointed out that consumers should try to compare in different ways in different businesses, diversified access to information, “shop around, get rid of the ‘information cocoon’ created by businesses.”Chen beiyuan pointed out that consumers can complain or Sue merchants and online celebrities if they make a purchase based on the review articles and later find that the goods are not on the right board.”Influencers often tell consumers which brand it is or tell them the link to buy it.Whether it is to provide brands or links, once the goods are not on the board and so on, consumers can put the net red and businesses together sued by the court to judge whether there is a guide to the net red.”According to Chen beiyuan, consumers can provide evidence such as browsing records and purchase records to the court. They can also apply for an investigation order to order relevant platforms to provide relevant data.Or the court will distribute the burden of proof. If the judge thinks that the merchant has this information, he needs to bear the burden of proof.Source: Guangzhou Daily