Analysis On The Legal Regulation Of Big Data Algorithm Discrimination

With the increasing degree of digitization of human society,algorithms have become the basic rules affecting the operation of the world.The rise of the third artificial intelligence wave represented by machine learning algorithms makes the algorithm self-production,forming a rule set through self-learning process based on big data sets and applying it to perception and decision making in different scenarios.The improvement of algorithm performance and the popularity of its application have greatly improved the operational efficiency of human society,but also brought new governance risks and challenges.The algorithmic bias and discrimination caused by the opacity of big data algorithms have caused more and more people.s concern.This paper starts with algorithm and discrimination,tells the concept of algorithmic discrimination and its performance,analyzes the causes of discriminant of algorithm,sorts out the difficult difficulties of current algorithm discrimination,learns the extraterritorial experience of current regulation of big data algorithm discrimination,and then proposes the law of discrimination against big data algorithms in China.Thinking about regulation.First,the first part describes the concept of algorithm and discrimination,the current big data algorithm in price discrimination,employment discrimination,credit discrimination,judicial discrimination and so on.Subsequently,the reasons for the possible discrimination of the algorithm are analyzed,including the reasons that the data base may affect the algorithm results,the algorithm is easy to be controlled by humans,and the data is not neutral.Then it discusses the governance difficulties of algorithmic discrimination,including the feasibility of algorithm transparency and how to define fairness in the context of algorithmic discrimination.Secondly,it has studied and analyzed the current experience of extraterritorial regulation of big data algorithm discrimination,such as the response of the General Data Protection Regulations,ACM's statement on algorithm transparency and accountability,and the current new technology in promoting fair "formalization".s hard work.Finally,based on foreign scientific experience,we explore the approach of solving the problem of algorithmic discrimination in China.By querying the status quo of domestic algorithmic discrimination regulation,we put forward some thoughts,such as perfecting the relevant principles of personal data processing in China and establishing protection of personal sensitive data.Specific mechanisms,adherence to algorithm review and supervision,and strengthening the integration of law and technology.In this way,we hope that China can better solve the problems caused by the discrimination of big data algorithms through the improvement of laws and the development of technology.