Research On Legal Regulation Of Personalized Recommendation Algorithm

In this paper,by analyzing the problems existing in the personalized recommendation algorithm in reality level,on the basis of combining the current regulation of personalized recommendation algorithm to study the related legislation and judicial practice,the research methods such as literature analysis,comparative research,absorbing outside algorithms such as the European Union,the United States regulation research of beneficial experience.It is expected to be helpful to improve the legal regulation of personalized recommendation algorithm in China.Firstly,this paper analyzes the infringement of personalized recommendation algorithm to users.In China,personalized recommendation algorithm has been applied in a wide range of scenarios.However,while providing users with convenient and efficient services,improper application of personalized recommendation algorithm also poses dangers to users,such as privacy infringement,personal information protection challenges,information asymmetry,algorithm discrimination,big data slicing and so on.Its essence is to the user's subjectivity and individual free will as well as the user's right to equality and social fairness and justice.Secondly,this paper analyzes the legislation status quo and legal regulation mode of personalized recommendation algorithm in China.On the basis of combing the current legislation of personalized recommendation algorithm in China,this paper analyzes the difficulties of the current legislation in China,that is,the content of the current legislation needs to be improved,and the practical operation needs to be improved.Combined with the foregoing,the author puts forward the conflict between the practical dilemma of infringement of personalized recommendation algorithm in China and the current legislative situation.Then,based on the analysis and comparison of the relevant legal regulation models of the European Union and the United States,the viewpoints of Chinese scholars are analyzed,and the choice of legal regulation model of personalized recommendation algorithm in China is expounded.Put forward on the basis of the existing legal system and power system,through the perfect user's right to know in the use of algorithms for personalized recommendation and exit right,and supervise the business performance of the corresponding responsibility,at the same time,build and perfect our algorithm is accountability institution system,algorithm for enterprises to carry out the accountability,constitute the legal regulation of the personalized recommendation algorithm path.Finally,the author conducts a specific study on the legal regulation path to improve personalized recommendation algorithm in China.When expatiating on the legal regulation path of personalized recommendation algorithm with users' right to know as the core,the author analyzes the content of users' right to know in China's personalized recommendation algorithm and the current legislation,and combines the relevant experience in Europe and America.From algorithm impact assessment of disclosure,personalized recommendation algorithm of special mark or privacy policy of improvement and the increase in private labels,user portrait and label check with freedom of choice,to strengthen the right to know of the anonymous processing personal information detailed stipulations of user's right to know a total of five aspects,and analyzes the users' right to know the impact on the enterprise.And then put forward the necessary restrictions on the user's right to know.When discussing the legal regulation path of personalized recommendation algorithm with improving the accountability of enterprise algorithm as the core,the author proposes that enterprises should explain the algorithm necessary to users and regulatory authorities,and define the algorithm responsibility of enterprises from the aspects of determining the subject of the algorithm responsibility,causal relationship deduction and liability principle.Enterprises are urged to assume algorithmic responsibility through strengthening the normative legislation of enterprise relief responsibility and industry self-discipline,promoting enterprises to establish and improve the complaint and report channels of users,and implementing the remedial obligations and notification obligations of enterprises.In addition,the accountability system of personalized recommendation algorithm is constructed by clarifying the competent body of personalized recommendation algorithm,setting up a specialized complaint and evaluation body of personalized recommendation algorithm,promoting public participation and social supervision.When elaborating on the legal regulation path of personalized recommendation algorithm with user's right to exit as the core,the author analyzes the content of users' right to exit in personalized recommendation algorithm in China and the current legislation,and combines the relevant experience in Europe and America.This paper puts forward that the enterprises should provide convenient and obvious way to quit personalized recommendation and allow users to quit personalized recommendation completely and permanently to refine the provisions of users' right to exit in China.This paper also analyzes the influence of users' right to exit on enterprises,and then puts forward the necessary restrictions to users' right to exit.