| With the continuous development of science and technology,we have entered the era of big data with the explosive growth of information.In the era of big data,whether in the public or private sector,decision-making is often inseparable from the technical core of artificial intelligence ——algorithms.Algorithms are dominating more and more of people’s daily lives,and their use has improved the efficiency of decision making and promoted business innovation and development.At the same time,due to the existence of algorithmic black box,algorithmic discrimination is frequent,which seriously infringes on the legitimate rights and interests of algorithmic counterparts,and the problem of algorithmic discrimination needs to be regulated urgently.This paper starts with algorithm and discrimination,and uses a variety of research methods,including comparative research,by comparing the algorithmic discrimination regulation means of which the European Union and the United States apply to explain the idea.Combined with the reality of our country,this paper puts forward the algorithmic discrimination regulation model centered on " algorithm interpretation rights ",and aims to regulate the problem of algorithmic discrimination in the era of big data.The first part focuses on the theoretical basis and governance dilemma of algorithmic discrimination in the era of big data,proposes the existence of algorithmic discrimination in the era of big data,and introduces what algorithm is,the meaning and performance of algorithmic discrimination,its generation and identification,and the governance dilemma of algorithmic discrimination,which lays the foundation for the following writing.The second part,aiming at the existing algorithmic discrimination problem,proposes a new way to regulate algorithmic discrimination —— algorithm interpretation rights.This part focuses on the theoretical introduction of algorithm interpretation rights,proposes the concept of algorithm interpretation rights,analyzes the necessity of establishing algorithm interpretation rights and the constituent elements of algorithm interpretation rights,discusses the applicable subject and prerequisite of algorithm interpretation rights,and aims to regulate algorithmic discrimination through the introduction of this new right.The third part focuses on the legal regulation of algorithmic discrimination with extraterritorial contained algorithm interpretation.Based on the two different regulatory models adopted by the European Union and the United States,it introduces and analyzes the internal regulatory model under the framework of the European Union’s General Data Protection Regulation and the external regulatory model of the United States starting from the traditional antidiscrimination law.The fourth part combines the existing norm and legal mode related to the algorithm,and puts forward some suggestions on the rule of law of the regulation of the algorithmic discrimination,such as algorithm interpretation rights,the regulation of the algorithm supervision and audit system.In view of the legal regulation of algorithmic discrimination,on the basis of the existing research on algorithm interpretation rights,it is proposed that the application scope of algorithm interpretation rights should adopt the general proposition,the interpretation degree should adopt the way of "system interpretation + case interpretation",and the interpretation method should adopt the interpretation mode with machine interpretation as the main and manual interpretation as the auxiliary.According to the importance of the protection of trade secrets,the system conception of pre-interpretation or post-interpretation is decided in the application time,so as to further exert the value of algorithm interpretation rights and promote the legal regulation of algorithmic discrimination in the era of big data. |
