Legal Regulation Of Algorithmic Discrimination

In the era of big data,algorithms are applied to every corner of citizens’ life,and algorithmic discrimination arises at the historic moment while improving human efficiency.With the wide application of big data,algorithmic decisions produce various discriminatory consequences due to the concealment,systematicness and complexity of algorithmic discrimination.Based on the people-oriented concept,algorithmic discrimination infringes citizens’ right to privacy,personal dignity and digital human rights.From the perspective of social fair order,algorithmic discrimination violates the principle of equality,the concept of intelligent justice and the principle of information fairness.At the same time,algorithmic discrimination has the phenomenon of losing the rights of the subject.In the face of the harm caused by algorithmic discrimination,the application of private law norms and traditional market regulation laws has encountered difficulties.However,the harm scope of algorithmic discrimination has become more and more extensive and more difficult to control,which harms the public interests of the whole society.With the development of digital construction,the risks and impacts brought by algorithmic discrimination not only disrupt the normal operation order of the market,but also warn the law to establish a more perfect supervision system for it.This paper based on the existing theoretical basis of law,the legal theory of discrimination against algorithm depending on the value analysis management system of discrimination,the European Union and the United States regulation algorithm to choose advanced and suitable for our country regulation algorithm of discrimination part tries to draw lessons from,aiming at the existing difficulties,puts forward the relevant solutions,and then to our country rich and the perfect of the legal regulation of algorithm discrimination.To empower data subjects with algorithm rights,data subjects remain the "master" of an intelligent society,and promote the common development of science and technology and data subjects’ rights.To establish the liability mechanism for algorithm infringement,to grant certain relief channels to the data subject whose rights are infringed,and to ensure the openness and transparency of the algorithm.In the judicial field,the data rights of citizens are protected by expanding the interpretation of existing legislative provisions and activating the class action lawsuit system of algorithm infringement,so that the researchers can establish the awareness of algorithm self-discipline and the public users can establish the awareness of algorithm awareness.