“大数据杀熟”行为政府治理路径探讨

Analysis on the Approach of Government Participation in the Governance of“Big Data Kills Maturity”of App Business Platform

“大数据杀熟”行为严重损害了消费者权益。相对于传统商业“杀熟”行为,“大数据杀熟”行为更隐蔽,消费者维权更艰难。这种利用算法应用技术损害消费者权益的行为严重违背商业伦理,不仅关乎消费者个人权益,更会影响公共利益,仅凭市场调节难以纠正,需要通过法律进行救济。政府应在遵循辅助性原则的前提下,通过算法应用技术备案、建立“政府-社会”合作规制等制度,用新制度规制新技术,更好地发挥政府在治理“大数据杀熟”行为过程中的作用,保护消费者权益和社会公共利益。

In recent years,some app business platforms "big data killing" have damaged the rights and interests of consumers,and attracted widespread attention of the society.Compared with the traditional commercial "kill familiar" behavior,APP business platform "big data killing" is more hidden,and consumers’ rights protection is more difficult.This kind of behavior which damages consumers’ rights and interests by using algorithm application technology is seriously against business ethics,which is not only related to the personal rights and interests of consumers,but also affects public interests.It is difficult to correct by market regulation,and public relief is required through law.However,it is difficult for the current law to regulate such acts that damage the rights and interests of consumers,making it a "grey zone" of legal regulation.Although the legislation of our country has strengthened the protection of personal information data security of APP users,and the law enforcement departments are also acting,they have not attracted the attention of law enforcement and legislation departments.Therefore,the government should,on the premise of following the principle of auxiliary,regulate new technology by means of algorithm application technology filing,establishing the "government society" cooperation regulation system,and so on,and better play the role of government participating in governance of "big data killing" on app business platform,and protect consumer rights and social public interests.