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Research On The Legal Regulation Of Algorithmic Discrimination

Posted on:2021-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiFull Text:PDF
GTID:2516306092990239Subject:legal
Abstract/Summary:PDF Full Text Request
As one part of the core of artificial intelligence,the algorithm brings many conveniences to human beings,but in the application process,it also causes problems such as human autonomy crisis and algorithmic discrimination.Algorithmic discrimination shares the same connotation with real-world discrimination,while the former occurs in a more systematic way and the harm it caused is more targeted.With a deep exploration,algorithm discrimination is found that mainly caused by the abuse of algorithm power in the field of public decision-making and non-public decision-making.The abuse of algorithmic power breaks the balance between public power and private rights,and the relationship between Businesses and consumers is transformed into private power and private rights,which is unequal.The subject of algorithmic power uses the technical dilemma and economic development as an excuse to evade the regulation of public power and private power by existing laws.To balance the relationship between algorithmic power and private rights and prevent the infringement of private rights by algorithmic power,it is necessary to regulate algorithmic discrimination.The legal regulations on algorithmic discrimination in the domain are divided into three parts.Among which,the personal information and data security are protected in the pre-stage,but the relevant laws are not systematic,and there are still many loopholes in the protection of personal information and data security;in the mid-stage,the application of the algorithm is restricted.However,the target of regulation is limited to the precise recommendation algorithm,exclusive of the algorithm used in the field of public decision-making and high-risk areas;in the post-event period,there is only a soft law clarifies the obligations of algorithm users,which have no legal enforcement force.Outside the domain,the data is taken as the starting point in the pre-event stage,and the data collection and processing are strictly monitored throughout the process,especially the protection of personal sensitive data.In the mid-stage,the algorithm is focused and different kind of algorithm is supervised in different ways.In addition to the supervision of the algorithms used in the commercial field,the regulation also pays special attention to the supervision of the algorithms used in the government field.In the post-event stage,it requires accountability for the algorithm and requires the algorithm power to bear the responsibility of algorithmic discrimination.Improving the legal regulations on algorithmic discrimination,attempts should base on the shortcomings in current practice and absorb suitable foreign experience.In the pre-stage,in order to strengthen the protection of personal information and data rights,the special protection of personal sensitive data can be learnt from outside the domain.In the mid-stage,the scope of application of different algorithms should be limited,and different kind of algorithm should receive different way of regulation that the application of decision-making algorithms in public field should be restrict especially,at the same time,a high-risk algorithm review and evaluation mechanism should be set up.In the post-relief phase,the obligations of algorithm users stipulated in the soft law should raise to the legal level,and an algorithm interpretation system should be established,clarifying the interpretation responsibilities of the principals responsible for algorithm discrimination.
Keywords/Search Tags:Algorithm, Algorithmic Power, Algorithmic Discrimination, Data Protection
PDF Full Text Request
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