Research On The Right Of Anti-automated Decision In GDPR

In the context of the era of big data,information has become an important social resource,and the development and utilization of information has become an important source of power for the development of the digital economy.The Personal Data Protection Law is a new type of legal norm that emerged with the development of the Internet.With the continuous development of the information age,it has gradually become the focus of academic,practical,and national legislation.Scientific legislation requires the improvement and revision of existing legislative norms with the development of the times.The relevant legislation of the European Union is also constantly improving to adapt to the social reality of the ever-increasing level of information technology and the multiple,diversity and violation of personal information.The status quo of seriousness,its latest achievements in personal information protection legislation is reflected in the 2016 EU General Data Protection Regulations(hereinafter referred to as GDPR).In addition to the law clearly stipulates the right to be forgotten and the data portability,the GDPR further stipulates the anti-automation decision.Whether this new type of personal data rights can meet the expectations of EU legislators,enhance the control of personal data subjects on personal information,and realize the important role of personal data in promoting the development of the digital economy is worth exploring.To this end,this paper will start with the concept of right of anti-automation decision in GDPR,and clarify the relationship between automated decision-making and feature analysis,and the relationship between automated decision-making and right of anti-automation decision.The specific provisions on the right of anti-automation decision from the GDPR include its basic composition and related rights regulations and restrictions.Then,from the overall grasp of the other relevant norms of the protection of the right of anti-automated decision in GDPR,and finally the five parts of the system from the right of anti-automated decision in GDPR to introduce and analyze the right of anti-automation decision,in order to provide the legislative practice and theoretical research for China to learn from.The first part is a general introduction to the anti-automation decision of GDPR.On the one hand,through the relevant provisions in GDPR,the concepts of automated decision-making and right of anti-automated decision,automated decision-making and featureanalysis are analyzed separately,and the connotation of the right of anti-automated decision is further clarified.The second part is the basic structure analysis of the rights of Article 22 in the EU GDPR.The specific regulations are analyzed through several aspects: the basic composition of the EU's right of anti-automated decision,the exclusion provisions of the right of anti-automated decision,the automated decision-making provisions for special personal data,and the safeguard measures for the right of anti-automated decision.Decomposed the specific content of tright of anti-automated decision in the GDPR.The third part is the normative analysis related to the right of anti-automated decisionin the EU GDPR.Including personal data subject right to know,access rights,request for interpretation,questioning,expressing opinions,opposition rights and other rights norms,as well as related personal data processing principles and legal basis,comprehensive review of children's data automated decision-making provisions GDPR's overall constraints on automated decision-making and protection against counter-automated decision.The fourth part is the relationship between anti-automation decision rights and other rights in GDPR.Including right of anti-automation decision and rejection rights,consent rights,portability rights and deletion rights.The fifth part is the enlightenment of the right of anti-automated decisionin EU GDPR to China's personal information protection legislation.Starting from the status quo of China's personal information legislation,it illustrates the legal basis or basis for China's introduction of the right of anti-automatic decision,based on China's national conditions to limit the application of the right of anti-automated decision,and at the same time constructs an algorithmic interpretation mechanism for the effective implementation of right of anti-automated decision.The personal information protection organization gives the institution the right to supervise the automated decision,guarantee the implementation of the right of anti-automated decision,and realize the rule of law requirements for personal information protection,with a view to providing reference for China's personal information protection legislation.