Ma Tianyu complained that Ctrip’s cooked food looks too ugly. What do you think of this? How to fight back when faced with murder?
Ma Tianyu recently posted an article calling for Ctrip’s sharp increase in air ticket prices: “It’s a bit disgusting that your data on Ctrip.com is so familiar. It’s obviously more than 3,000 tickets, but when you click on it, it becomes more than 6,000, and finally it becomes 10,000. Too much. The food looks too ugly!” and complained again in the comment area: “Hot chicken!”
Netizens expressed their criticism. "I have created several apps, but I don't buy memberships. Once I buy a membership, the price increases. Is this a distinguished VIP service?" "For the same flight ticket, one price is found on my mobile phone, but another price is found on my friend's mobile phone. The same price, the difference is hundreds of dollars for two people, it’s too cheating.” Some netizens said that not only Ctrip, but also Tongcheng, Ctrip and other platforms for buying air tickets have experienced big data manipulation.
In fact, it is not that there is a "big data killing" move in the field of air tickets, such as Internet giants such as "Some East", "Taobao", "Some Di", "Some Tuan" and so on They have all been reported in the news for this type of bad behavior. As a consumer, what should you do if you encounter this kind of big data killing situation? 01What laws and regulations are violated by big data killing?
Let’s first take a look at what laws and regulations are violated by big data killing and what interests are infringed upon. Article 24 of the "Personal Information Protection Law" implemented last year clearly stipulates that when personal information managers use personal information to make automated technology management decisions, they should ensure the clarity of the decision and the fairness and fairness of the results. and implement unreasonable national treatment on other transaction conditions.
If you use automated decision-making methods to push information and market to yourself, you should also provide options that are not specific to your personal characteristics, or provide you with a convenient way to refuse. If a decision is made based on automated technology decision-making that has a profound impact on personal rights and interests, the individual has the right to request an explanation from the personal information manager, and has the right to refuse the decision made by the personal information manager solely based on automated technology decision-making.
If this requirement is violated, the competent government departments have the right to make corrections, give warnings, obtain illegal income, order the suspension or termination of assistance, impose penalties, order the suspension of relevant business or suspend production for rectification, and notify the relevant competent departments to cancel relevant Business approval or license revocation, and the ability to impose bans on directly responsible managers and other directly responsible personnel within a certain period of time.
Not long ago, the "Shanghai Consumer Rights Protection Regulations (Revised)" passed at the 42nd meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress also established standards for the relevant responsibilities of Internet operators, requiring operators to Investors shall not impose unreasonable national treatment on consumers based on automated technology management decisions.
The "Internet Information Service Algorithm Recommendation Management Regulations" establishes that when personalized recommendation service providers sell goods or provide services to the consumer market, they should protect customers' rights to fair competition and cannot base their decisions on customers' preferences and transactions. Habits and other characteristics, use optimization algorithms to implement unreasonable national treatment and other illegal behaviors on transaction conditions such as transaction prices.
The "Opinions on Providing Judicial Services and Guarantees to Accelerate the Construction of a National Unified Market" issued by the Supreme People's Court also emphasized the need to improve the institutional nature of the judicial department's monopoly on platform companies and promptly prohibit the use of data and optimization algorithms , methods and other forms to eliminate and restrict competition, and deal with mandatory "choose-one", big data, low-price dumping, mandatory system and other behaviors that destroy fair transactions and disrupt market order in accordance with the law, so as to avoid platform monopoly and capital Disorderly expansion.
It can be seen that in addition to infringing on the legitimate rights of consumers such as autonomy, fair trade rights, and personal privacy, big data can also be abused by suspected monopolistic Internet companies to abuse their market dominance, further disrupting the market. economic order.
02 How to fight back when you encounter murder?
According to the provisions of the Tort Liability Law of the People's Republic of China, "Infringement of civil rights, including reproductive rights, life and health rights, name rights, and infringement of reputation rights" , honor rights, infringement of portrait rights, personal privacy, marital autonomy, custody rights, use rights, usufruct rights, mortgage rights, copyright rights, patents, trademark rights, discovery rights, shares, inheritance and other personal safety, property Rights and interests." The operator should be liable for compensation for this kind of damage to personal privacy.
The main forms of liability include: stopping the infringement; eliminating obstruction disputes; eliminating danger; returning property; returning to normal; compensation for losses; apology; eliminating the impact and clarifying the facts. Consumers can ask operators to stop infringement, stop collecting and using personal information in violation of regulations, compensate for the losses caused to consumers by using personal information, and demand an apology.
If you don’t want to tell the truth, it will cost a lot of rights protection costs. Customers can also investigate in advance whether the platform has experienced big data abuse when purchasing something, especially for goods and services with fluctuating prices such as air tickets and hotels and restaurants. Before purchasing, it is recommended to shop around and compare the options. Low-price service platform or purchase with low-price equipment.
If you feel that you have been locked into a "familiar" customer by the service platform, you can also stop using the platform or use it less for a period of time, log out, and make purchases as a traveler to remove your own consumption traces. , to avoid being labeled as a "takeover".
If customers do find that there is an abnormality in the price, they can take photos or videos to keep evidence, and send it to the Internet to generate collaborative evidence with other partners in similar situations, speak out together, and report the situation to the relevant departments. To protect your own legitimate rights and interests, bravely say "no" to big data abuse. So, what do you think about merchants killing familiar people?