Research On Legal Regulation Of Algorithmic Decision-making In Digital Government

With the continuous deepening of the digital transformation of our government and the widespread application of algorithmic decision-making in the administrative field,the legal regulation of algorithmic decision-making has become an issue that cannot be ignored in the modernization of administrative governance.Compared to traditional The government governance model and government governance algorithm greatly improve the scientific and accurate decision-making,and enhance the timeliness and accuracy of decision-making.Algorithms belong to both professional technology and empowerment attributes,which bring many challenges while improving the effectiveness of administrative governance.The absence of existing legislation has led to algorithmic decision-making exposing citizens’ rights and the legitimate exercise of public power to danger.At present,making every effort to address the challenges posed by the application of algorithmic decision-making in digital government through legal regulation has become the primary task of balancing the development of science and technology with the protection of citizens’ legitimate rights and interests,and balancing public power and algorithmic power.Algorithmic decision-making is essentially an autonomous decision-making system.In concrete practice,algorithmic decision-making seems neutral and objective,but there is a potential bias.It is efficient and convenient,and there is a risk of sacrificing administrative due process.As algorithms gradually transcend instrumental values,they lead to the transfer of public power and the weakening of discretion.China’s current legislation on algorithmic decision-making is scarce and scattered,unable to meet the requirements for algorithmic decision-making to operate according to law in administrative practice.In the legal regulation of algorithmic decision-making,there are problems such as opaque algorithmic decisionmaking,which leads to administrative disclosure,supervision,and accountability,and algorithmic black boxes and data gaps,which lead to difficulties in protecting citizens’ data and protecting the rights and interests of vulnerable groups.In order to achieve effective legal regulation of algorithmic decision-making in the field of administrative governance in China,it is necessary to clarify the subject status of algorithmic decision-making through legislation,determine the subject of accountability and the principle of attribution,and limit the application field of algorithmic decision-making in administrative governance.Establish a specialized regulatory agency to supervise the entire process of algorithm decision-making design,development,application,and accountability in multiple aspects and at a deeper level.Stipulate the administrative subject’s right to interpret algorithms,and address the confusion and doubts brought by the algorithm black box to the public.Protect the personal privacy of algorithmic data and the commercial privacy of algorithmic technology,establish citizens’ right to reject algorithmic results,and protect the interests of digital vulnerable groups.