Research On Anti-automated Decision-making Right

Automated decision-making is an algorithmic decision based on the automatic processing and analysis of data,which often has a legal impact or similar important impact on individuals.That is,through the correlation analysis of personal data,the specific behavior of the data subject is linked with certain choice so as to predict the individual’s behavior pattern or judge its business value,and then make a profile.Finally,the data controller is provided with automated decisions or supporting opinions and users are provided with automatic recommendations.Due to the existence of "algorithmic discrimination","algorithmic abduction","algorithmic dictatorship" and "algorithmic black box",the consequences of automated decision-making may lead to serious problems such as discrimination,violation of freedom and privacy,and offence against human autonomy.Article 22 of “General Data Protection Regulation(GDPR)” promulgated by the EU entitles data subjects “anti-automated decision-making right” and regulates the automated processing of data.This dissertation aims to provide reference for research and legislation in the field of personal information protection in China by comprehensively analyzing the historical evolution,theoretical basis,and rule system of the anti-automated decision-making right through an in-depth interpretation of the statue.The beginning part mainly introduces the background and historical development of antiautomated decision-making right.First,based on the concept of automated decision-making,the author will expose the real crisis it creates,namely the severe threats to individual rights and freedoms caused by automated processing of data.Besides,the relevant rules about antiautomation decision rights formulated by the EU in response to "algorithmic tyranny" over the years will be sorted out,which can be traced back to the personal data protection laws in German and France in the 1970 s,to the “108 Convention” and “95 Directive” the EU,and finally to GDPR.The second part analyzes the essence and theoretical basis of anti-automated decisionmaking rights.First,the essence of it will be revealed to protect the basic rights and freedom of individuals by giving data subjects the right to refuse unfair and automated decisions so as to balance the interests of the strong and the weak.In addition,four theoretical foundations of anti-automated decision-making rights will be analyzed in detail,which refers to the “Theory of Discrimination-Forbidding” with equality as its core,the “Theory of Personal Information Control” with information autonomy as its core,and the “Theory of Privacy Protection” with information privacy as its core,and the “Theory of Personal Data Protection” with human rights protection as its core.The third part interprets the Article 22 of the GDPR from a legal point of view.First,the data processing principles related to the rights in that article will be analyzed,including the principles of legality,justification,transparency,purpose limitation and data minimization.Then,relevant regulations in the GDPR will be analyzed in detail,especially to analyze some controversial wording in the provisions and display views.The fourth part summarizes the practical significance of the establishment of the antiautomated decision-making rights by the EU through the conclusion.Putting the data subject at the center of data processing,the right enhances the data subject’s control of its own personal data,and to the greatest extent,ensures the individual’s equal status during the automated processing,which is the best interpretation of human rights protection.Moreover,it provides a reference for the legislation of personal information protection that China will launch soon by comparing the relevant regulations of the rights in the GDPR with China’s “Personal Information Protection Law (Expert Recommendation Draft)”.