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A Study on the Protection of Consumer Information Rights in "Big Data Price Discrimination"

Author(s)

Zhang Mengxue

Affiliation(s)

School of Political Science and Law, University of Jinan, Jinan, China

Abstract

Online shopping and various service platforms have become deeply embedded in people's daily lives, thanks to the rise of the internet big data era. However, some providers, while offering tailored services, have been caught illegally gathering and abusing personal data from consumers, going so far as to engage in what's known as big data price discrimination. Such actions clearly undermine the principle of fair play in the marketplace and do real harm to consumers' legitimate rights and interests. Within China's academic circles, there's an ongoing debate about how to legally define this practice. Most scholars tend to see it as a form of price discrimination, but a minority argues that it amounts to price fraud. China has put in place a legal framework that takes the Civil Code as its foundation, the Personal Information Protection Law as its centerpiece, and various specialized regulations to fill out the system. Even so, many practical problems persist. To tackle these issues, we could look at tightening up the notice and consent rules for businesses, fine-tuning the antitrust laws, beefing up the mechanisms that protect consumer rights, and making greater use of public interest litigation, all in order to raise the level of protection and ensure fairer market conditions.

Keywords

Big Data Price Discrimination; Price Discrimination; Price Fraud; Consumer Rights

References

[1]He Haoyang. Platform Private Power Behind Big Data Price Discrimination and Its Legal Correction [J]. Journal of Chongqing University (Social Sciences Edition), 2023, 29(06): 220-232 [2]Luo Jingwei. Challenges and Governance Strategies for Consumer Rights Protection in the Digital Economy: An Analysis of Regulatory Pathways for Algorithm-Based Infringements on Consumer Rights [J]. Price Theory and Practice, 2023, (02): 32-35. [3]Zhao Danyang. On the Pathways to Establishing Consumer Rights Protection under Algorithmic Price Discrimination [J]. Price Theory and Practice, 2024, (11): 81-87.