关键词: 电子商务平台, 营销广告推送行为, 个人信息, 刑法规制

Abstract: In the era of big data, the rise of e-commerce platform not only creates a new market, but also has a great impact on the existing legal regulation rules. In particular, the existing relevant laws and regulations have not played a preventive role in illegal abuse of personal data by the marketing advertising push behavior on e-commerce platform. Therefore, the regulation mode of marketing advertising push behavior on e-commerce platform should be upgraded, that is, the criminal law regulation should be included. However, at this stage, the criminal law regulation has some difficulties in theory and practice. In the era of big data, it is necessary to establish a criminal law regulation mode on illegal abuse of personal information in the behavior of marketing advertising push in line with the temper of the times, so that it can not only prevent the illegal abuse of personal data, but also protect the personal data rights and interests of platform consumers and e-commerce platform.

Key words: e-commerce platform, marketing advertising push behavior, personal data, criminal law regulation