| As the core technology in an intelligent society,algorithm not only provides new impetus for the development of society and creates more high-quality and convenient services for human beings,it also brings many social risks.Among them,the personalized algorithm recommendation technology has the most obvious and profound impact on social life,and the risks are also the most common,such as the narrow range of information obtained by individuals,the low quality of information content,the leakage of personal information and the negative guidance of deeper social values.The generation of algorithmic risk has both internal and external reasons for general technical risks.The former is mainly reflected in the algorithm black box,and the latter is mainly related to human factors.This determines that the governance of algorithmic risk cannot simply follow the governance of general technical risk,and requires a different approach.The key to algorithmic risk management is data protection and network security.These two issues also involve understanding the value goals of "freedom" and "security".The typical representatives of foreign algorithmic risk governance are the European Union and the United States.Although the two belong to different legal systems,they coincide in the regulation of algorithmic risk,and choose the value goal orientation of "safety" as the main and "freedom" as the supplement.So that the data subject enjoys more rights protection and the data controller(processor)assumes more responsibility.This is also a consideration of the secret of algorithm risk.People often fear the unknown.Before they fully control the algorithm technology,they must ensure the safe operation of society as much as possible.Therefore,"security" has become the primary choice when formulating relevant rules.Judging from the current status of China’s legal regulations,China still lacks in its efforts to guarantee "security".When formulating legal rules on algorithmic risk regulation,"security" should be used as the basis of legal value objectives,and data subjects should be given sufficient rights to protect.At the same time,they must make up for the shortage of government supervision in terms of talents and funds,and form government and industry self-regulation The collaborative supervision model aims to make the algorithm technology benign and become a powerful promoter of the technological power. |
