Research On Legal Regulation Of "Automated Individual Decision-making" In Personal Data Processing In European Union

Automated individual decision-making means a decision which produces legal effects concerning him or significantly affects him and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to him."Automated individual decision-making" is a broad concept in the context of large data era in EU to cover a wide range of large data analysis which shows capabilities to automate the analysis or prediction of a computer,and is widely used in administrative,judicial,financial,medical,media,marketing and other fields."Automated individual decision-making" brings convenience and intelligence in social life and puts forward new challenges to the protection of personal data at the same time.Special legal regulation of "automated individual decision-making" had been made in the "Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data " issued by the European Union in 1995 while the old legal legislation has been unable to meet the EU's need to effectively protect the rights of personal data with the development of science and technology and the increasing frequency of data flow.Hence,the European Parliment adopted the General Data Protection Regulation in April 2016,which set a more stringent legal regulation for "automated individual decision-making".The EU is committed to achieving a balance between technological development and the protection of personal data rights,providing an important reference for our personal information protection legislation.In addition to the introduction and conclusion,this thesis is divided into five parts.The first part is an overview of "automated individual decision-making" in EU personal data processing.On the one hand,clarifying the relevant concepts leads to define the meaning of "automated individual decision-making ".On the other hand,comparing the theoretical basis of the regulation of personal data processing between the EU and its member states brings about the EU goal of " automated personal decision-making",which aims to protect the rights of personal data.The second part is the legislative overview of the legal regulation of "automated individual decision-making" in EU personal data processing.The EU can clarify the legislative process of legal regulation of "automated individual decision-making" by combing the relevant legislation,and analyze the three basic principles of the regulation of "automated individual decision-making" in the EU,namely,purpose limitation principle,lawfulness,fairness and transparency principle and data minimisation principle.The third part is the main system of legal regulation of "automated individual decision-making" in EU personal data processing.The specific system of the EU regulation of "automated personal decision-making" mainly includes the explicit consent of the data subject to the automated processing,anonymity requirement in personal data processing and special requirements apply to sensitive data and child data.Based on the above basic system,the EU imposes more obligations on data controllers and increases the compliance costs of data controllers.The fourth part is the supervision mechanism of " automated individual decision-making" in EU personal data processing.This part analyzes the data protection impact assessment mechanism and the EU data protection supervision system,and concluded that the EU has set up a complete supervision mechanism for the regulation of " automated individual decision-making" to ensure that the relevant laws of the EU can be effectively observed and implemented.The fifth part is the present situation and the construction of legal regulation of "automated individual decision-making" in personal data processing in China.On the one hand,this part combs the current situation of the main personal information legislation in our country,and analyzes the main problems of the current personal information protection.On the other hand,drawing lessons from the EU on the legal regulation system of "automated individual decision-making" can help build a data processing and regulatory system in line with China's national conditions.