Can the new "algorithm recommendation" rule block the "big data killing" loophole? Is there a better way to protect personal information? How to avoid the pit of "false planting grass"? In 2022, the theme of the year of consumer rights protection organized by the National Consumers Association is "promoting consumer equity together", and guiding the value concept of "science and technology for goodness" is one of the important contents. On the occasion of "March 15", Guangzhou Daily reporter interviewed Guangdong Consumer Council and its legal adviser to help consumers "avoid the pit".
The new rules of "big data killing" and "algorithm recommendation" are more targeted.
Recently, the Beijing Consumers Association released a survey on the "killing" problem of Internet consumption big data, which showed that among 32 samples of simulated consumption experience conducted on 16 platforms, the prices of new and old accounts were inconsistent in 14 samples. Among them, most of the samples have different final transaction prices because of different discounts or preferential treatments. However, the experience samples of individual online travel and take-away platforms show that new and old users buy the same goods (services) at the same time at different prices, which is suspected of infringing consumers’ legitimate rights and interests.
The survey found that the problem of "killing" big data mainly focuses on online shopping, online travel, take-out and online car rental.
Lawyer Chen Beiyuan, the legal adviser of Guangdong Consumer Council, believes that the Internet platform has mastered a huge amount of data, and it has made an accurate portrait of every consumer and made a "tailor-made" marketing plan based on the consumer’s consumption behavior, consumption habits, payment ability or consumption 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 easy to fall into the "information cocoon" provided by merchants, so consumers lose the ability to obtain more information, and a series of rights and interests such as informed consent, choice and fair trade rights of consumers are infringed.
If you encounter "big data killing", what are the "new tricks" for consumers to defend their rights? According to Chen Beiyuan, consumers can save evidence in time by taking screenshots or recording videos. If negotiation with the merchants fails, you can complain and report to the consumer association or relevant departments to safeguard your legitimate rights and interests according to law.
In addition, the "Regulations on the Administration of Algorithm Recommendation for Internet Information Services" ("new algorithm recommendation") implemented on March 1 this year is more targeted, which can give specific guidance to the administrative law enforcement of network information departments and other departments. From the consumer’s point of view, when the rights and interests are infringed, there is no doubt that there is an additional channel to complain to the online information department on the basis of consultation with merchants, complaints to consumer organizations, complaints to market supervision departments, and lawsuits to courts. "Now, for the supervision of the Internet, the responsibilities of the network information department are becoming more and more perfect, and complaints can also be made to the network information department in case of related violations of consumer rights." Chen Beiyuan said.
Personal information protection businesses should follow three principles in obtaining personal information.
Many merchants induce individuals to scan the code to provide personal information by giving gifts or coupons. In Chen Beiyuan’s view, this is also illegal. "The law has drawn a line: necessary, reasonable and legitimate, and merchants must follow these three principles when obtaining personal information." Chen Beiyuan pointed out that after the promulgation of the Personal Information Protection Law, all parties have a more powerful "legal weapon" for the protection of personal information.
For example, consumers can appeal for rights protection based on the rights granted to them, including litigation. Consumer organizations can make consumer public interest litigation based on legal empowerment, procuratorial organs can bring relevant public interest litigation, and administrative departments can impose administrative penalties according to legal provisions. "The behavior of market players is standardized, and the degree of protection of consumer rights will be higher."
So how to protect personal information? The Consumer Council of Guangdong Province and Chen Beiyuan gave "four important" suggestions: First, we should pay attention to the protection of our personal information, study the personal information protection law seriously, master the legal requirements, and learn to use legal means to protect personal privacy.
Second, we should develop the habit of "not providing unless necessary", and don’t arbitrarily authorize the provision of personal information for petty gain. When accepting the services of operators, it is necessary to clarify the way, scope, purpose and basis for operators to collect personal information, and not to provide personal information to operators easily unless necessary.
Third, we must protect our personal information. It is not easy to "sun" the content and materials related to personal information on the Internet. For some materials that are easy to leak their own information, such as express delivery and take-away orders, they should be properly handled in time.
Fourth, we should take the initiative to use legal weapons to safeguard our own rights and interests. If consumers’ personal information rights and interests are infringed, they can call 12345 and 12315 to complain and reflect, or log in to official website of Guangdong Consumer Council to complain about rights protection.
"False Grass Planting" False "Grass Planting Notes" are actually advertisements.
According to "Daren’s Notes on Planting Grass", I went to "punch in", only to find that the goods were not on the right board … … In recent years, some fictional consumption experiences such as "notes on planting grass" and "online celebrity evaluation" mislead consumption and overdraw consumers’ trust. Chen Beiyuan pointed out that in the past, online shopping platforms had "false praise", which made consumers switch to "diaries" and "evaluations" of some consumers, but now these evaluation articles under the banner of consumer experience have also appeared fictional. In his view, if the purpose of such evaluation articles is marketing and shopping guide, it is actually an advertisement.
Therefore, Chen Beiyuan believes that such articles should also abide by the provisions of the advertising law, including no misleading statements and no false propaganda. In addition, online celebrity, who made this kind of evaluation, should also bear the corresponding legal responsibilities. If it constitutes false propaganda and consumer fraud, he may face the legal responsibility of "returning one and losing three".
So how should consumers "avoid the pit"? Chen Beiyuan pointed out that consumers should try to compare in different businesses in different ways and obtain information in a diversified way. "Shop around and get rid of the ‘ Information cocoon room ’ 。”
Chen Beiyuan pointed out that if consumers conduct consumption behavior based on evaluation articles and later find that the goods are not right, consumers can complain or sue the merchants and online celebrity. "online celebrity often tells consumers which brand it is, or tells them the purchase link. Whether it is to provide brands or links, once the goods are not right, consumers can sue online celebrity and the merchants together, and the court will judge whether there is a shopping guide in online celebrity. "
Chen Beiyuan said that for consumers, they can provide evidence such as browsing records and purchase records to the court, and they can also apply to the court for an investigation order and order relevant platforms to provide relevant data. Or the court will allocate the burden of proof, and if the judge thinks that the merchant has this information, he needs to bear the burden of proof. (Guangzhou Daily, all-media reporter He Yingsi)
