[Economic Observation] The judgment criterion of "killing" of big data should be clarified as soon as possible

Recently, there are media reports that VIP members of a well-known e-commerce platform see higher prices than ordinary users when purchasing goods, questioning the existence of big data "killing" behavior in this home appliance platform.

In response to this matter, the e-commerce platform responded through an official Weibo on March 8 that it has always provided new users of the platform with the "newcomer exclusive price" for the first order, and has a special logo on the corresponding product page. During the "March 8th" Women's Day event, the "newcomer exclusive price" logo was not displayed normally on the product page, causing some users to misunderstand that the price of the same product was different. The statement also pointed out that VIP users of the platform can always get a 5% discount at the time of settlement, and there is no such thing as "big killing" of big data.

In recent years, the news that Internet companies have been accused of "killing" big data will appear at intervals, but without exception, the companies involved will deny it. Why?

Article 18 of the "E-Commerce Law of the People's Republic of China" implemented on January 1 last year clearly stipulates that e-commerce operators who provide consumers with search results for goods or services based on their hobbies and consumption habits should also provide Provide the consumer with options that do not target his or her personal characteristics, respect and protect the legitimate rights and interests of the consumer.

Relevant experts pointed out that the regulation is aimed at the "killing" problem of big data in the Internet. However, there is no clear and unified definition of what is "killing" of big data. The concept is subjective and vague. It may lead to inconsistent understanding between relevant companies and consumers.

It is not difficult to understand that when companies are accused of having "killing" problems with big data, they are generally denied on the grounds of newcomers 'red envelopes, exclusive newcomers' privileges or system errors.

There is nothing wrong with the "newcomer exclusive price", after all, each "newcomer" can only enjoy once. However, the problem is that on the above-mentioned e-commerce platforms, there are individual products, and the prices seen by VIP users are also higher than those of "non-newcomers" ordinary users, and the prices of the same products also differ between VIPs. Other media pointed out that there are 5 different prices for a certain facial cleanser on the platform. In this case, the company also uses the "exclusive price for newcomers" to explain, which is a bit unreasonable.

In fact, the form of "familiarity" of big data is hidden. Consumers are generally hard to find, and even if they find it, it is difficult to prove their rights. This is probably the deep-seated reason that big data "kills" frequently.

On the surface, big data "kills" is that operators use big data technology to push specific goods or services based on consumer consumption characteristics. In a deeper sense, the "killing" of big data actually reflects the excessive collection and arbitrary use of consumer personal information by some operators, making consumers' right to know, choose, and fair trade rights not effectively guaranteed.

Is there any big data that "kills"? Consumers may not count, but they also cannot be left to the business. Therefore, relevant departments must improve laws and regulations as soon as possible, and clarify the criteria for judging big data's "killing". For example, the relevant implementation regulations of the "E-commerce Law of the People's Republic of China" should be issued as soon as possible, so that companies trying to avoid liability by denying them will no longer easily pass .

In addition, the supervisory department must further innovate the supervision methods and methods, adopt technical means and technology equipment, establish a corresponding big data online supervision platform, carry out round-the-clock online monitoring of relevant e-commerce platforms, and improve the implementation of various hidden use of big data. Ability to investigate and prosecute illegal acts. Once an enterprise is found to have “killed” the consumer ’s right to know, choose and fair trade through big data, it must be investigated and punished severely.

Yang Zhaokui