Research On The Legal Regulation Of Algorithmic Discriminatio

With the continuous development of artificial intelligence industry,the deep integration of big data algorithm technology with various fields of social production and life has caused profound changes in society,bringing great convenience to human beings while also raising the issue of algorithm discrimination.Algorithmic discrimination will not only damage the basic rights of citizens,but also seriously damage the public interest of society.Therefore,when industry self-regulation and moral introspection cannot play a full role,it is especially necessary to open up an effective path to regulate algorithmic discrimination under the framework of law.The discriminatory genes of algorithmic input data and the opaqueness of algorithmic technology together lead to the phenomenon of algorithmic discrimination,which can clench the surplus value of consumers and undermine the right to equality and privacy of individuals,and lead to the frequent occurrence of social injustice and continuous infringement on social welfare,so it should be effectively regulated by law.Through sorting out the legal regulation of algorithms in China,analyzing the characteristics of the legal regulation of algorithmic discrimination in China and summarizing the aspects that need to be improved,generally speaking,the legal regulation of algorithms in China presents problems such as insufficient protection of the rights of data subjects,unsound algorithmic regulatory system,and unclear algorithmic responsibility,etc.Therefore,we should take the problem as the guide to trace the root of the algorithmic discrimination to effectively regulate the behavior.The EU and the US are more mature in their research on the regulation of algorithmic discrimination,among which the EU adopts the risk prevention model to emphasize the protection of the rights of algorithmic data subjects,while the US applies the risk control model to encourage the development of algorithmic technology.Both institutional models are worthy of our reference,and can be absorbed in conjunction with the current situation of the development of algorithmic technology in China.To address the problem of insufficient protection of the rights of data subjects,this paper proposes to strengthen the governance of algorithm data by starting from the research and development data of algorithms and regulating them from the source through measures such as improving the data portability and clarifying the boundary of data utilization by algorithm controllers.Establish an algorithm review committee to solve the problem of insufficient regulation.At the same time,we build a wisdom supervision system to implement dynamic supervision of the whole process of algorithms.Since cracking the algorithm black box is an important means to solve the algorithm discrimination,this paper suggests cracking the algorithm black box by improving the algorithm interpretation right and establishing the algorithm classification system to enhance the algorithm transparency.In terms of algorithm liability,firstly,it is clear that the algorithm platform is the main body of algorithm liability,secondly,the principle of presumption of fault is applied to the platform to solve the problem of lack of consumers’ ability to prove,and finally,it is suggested that the path of consumers’ rights remedy be explored under the framework of public interest litigation system to protect the legitimate rights and interests of consumers.