Legal Regulation Of Artificial Intelligence Algorithmic Decision-making

In the era of artificial intelligence,algorithms are deeply involved in social operation,and have a profound impact on the daily work and life of human beings.On the basis of massive information and independent learning,algorithms have more efficient and accurate data processing ability.Algorithms become more and more intelligent and even begin to make decisions on behalf of human beings,forming a decision-making form that worries human beings--algorithmic decision-making.Different from traditional human decision-making,algorithmic decision-making is a new type of intelligent decision-making,which can improve the efficiency of human decision-making and even replace human decision-making in some fields.Algorithmic decision-making provides great convenience to human daily life,but at the same time,it also causes a series of legal risks in practice,such as privacy disclosure,public interest damage and other risks,causing great hidden dangers to the society.At present,there is no special legal regulation on algorithmic decision-making in China.After the introduction of Personal Information Protection Law in 2021,there are further regulations on algorithmic decision-making,but there are still shortcomings,and the regulation on algorithmic decision-making needs to be further improved.From the perspective of Personal Information Protection Law,this paper sorts out the relevant provisions of algorithmic decision making,and summarizes the governance dilemmas of algorithmic decision making,such as the difficulty in exercising users’ informed consent right,the difficulty in relieving users after being infringed,and the ambiguity of algorithm impact assessment system and algorithm audit system.Through comparative analysis,this paper compares and summarizes the regulatory paths of the European Union and the United States,summarizes the enlightenment to China,and puts forward the regulatory suggestions for algorithmic decision-making in China.From the perspective of user protection,we should implement the user’s right to know,improve the user’s after-action relief system and strengthen the scientific and technological ethical review.From the perspective of platform accountability,we should improve the algorithm impact assessment system,refine the algorithm audit system,clarify the platform algorithm explanation obligation and establish industry self-discipline convention.The purpose of this paper is to provide ideas and insights for the prevention and avoidance of algorithmic decision application risks in China,and to provide some reference schemes for the regulation of algorithmic decision.