The Right Of Anti-automatic Decision In GDPR

In the face of the emerging issue of personal data protection,countries around the world have responded differently and each has carved out a different path for data governance.For example,in the U.S.case law tradition,the classification of the nature and scope of new concepts such as personal privacy,personal data and algorithms is based on the decisions made by different judges in judicial practice according to their discretionary power.As the algorithm-led digital economy is growing stronger and stronger in modern socio-economic development,it is particularly necessary and urgent to learn from the EU,which is at the advanced level in the world,in terms of personal data protection,not only because China’s current legislation on personal data protection is scattered and does not constitute an independent system,but also because the EU General Data Protection Regulation is a milestone law that reflects the cutting-edge concept in the field of personal data protection and the regulation of new things such as algorithms at source.The EU General Data Protection Regulation is undoubtedly the world’s leading and cutting-edge legal governance model for personal data protection,which provides for the right to make anti-automation decisions and the corresponding supporting system in some detail.As an emerging right born from the intersection of civil law and common law systems in continental Europe,especially in the context of China’s leading Internet enterprises,how to regulate large enterprises,which are both pioneers of technological innovation and data controllers,whether it is necessary to transplant the advanced provisions of the GDPR,what aspects should be noted in the transplantation of the law,how to apply it with China’s domestic,whether the advanced provisions of the GDPR should be transplanted,what aspects of the transplantation should be noted,and how to apply them in concert with the existing laws in China are all issues worthy of in-depth examination and consideration.significantly affect the use of algorithms characterized by automatic decision-making.Therefore,this paper will be based on the right to anti-automation decision making itself,analyze and introduce it in detail,hoping that it can provide some reference for China’s personal information protection legislation.The first chapter of this paper firstly clarifies the concepts of automated decision-making,data portraiture and the right to anti-automated decision-making,traces the history of the right to anti-automated decision-making,and then introduces the theoretical basis of the right to anti-automated decision-making in terms of the right to information self-determination and privacy protection.The second chapter introduces and analyzes the rights and obligations of the right to anti-automated decision-making and the prerequisites for the application of the right to anti-automated decision-making,and introduces the exceptions of the right to anti-automated decision-making in the GDPR.Based on the current legislative status of personal information protection and personal data protection in China,the third chapter of this paper takes the highlights of personal information protection in the Civil Code as the starting point,and takes into account the Draft Law on Personal Information Protection that has been released to the public,and concludes that when considering the subsequent legal regulation means for automated decision-making and even personal information protection,more systematic,targeted and specific special law provisions are more desirable than the basic laws such as the Civil Code.Based on the discussion in the first three chapters,the fourth chapter of this paper illustrates the existing normative basis for the introduction of the right to anti-automated decision-making in China,and proposes some references and references with both theoretical and practical significance for the introduction of the right to anti-automated decision-making and the construction of the supporting system in China,based on the national conditions.