Research On The Legal Regulation Of Discrimination By Artificial Intelligence Algorithms

The problem of artificial intelligence algorithms discrimination caused by data and algorithm has become more and more prominent.There is a difference between the discrimination which it brings and the traditional discrimination.The hidden and complex characteristics of the former make the influence of discrimination large and wide,and it is difficult to control and intervene.With the application of artificial intelligence algorithm automated decision-making to infiltrate many fields such as shopping,employment,credit,and justice,the risk of algorithmic discrimination has undoubtedly caused a certain crisis to the society and the people.Therefore,it is necessary to regulate the discrimination of artificial intelligence algorithms.Judging from the existing legal system,the relevant norms represented by the 《 Personal Information Protection Law》 mainly start from the perspective of data protection,and make detailed provisions,including the rights of data subjects and the responsibilities of data processors,but it is impossible to completely solve the problem of the responsibility of the corresponding subject in algorithmic discrimination.It is a new perspective to start from the operating logic of the algorithm.The 《Regulations on the Administration of Internet Information Service Algorithms Recommendation 》formulated by the Cyberspace Administration of China and other four departments have explored the algorithm,but there are still problems in its application.In addition to the conclusion and acknowledgments,this paper is divided into five parts.The main contents are as follows:The first chapter is the introduction.It mainly introduces the research background,significance,and the current research status at home and abroad.Through the exploration of the research results of domestic and foreign scholars,we can understand the current academic trends and provide theoretical and practical basis for follow-up research.The second chapter is the basic theory of the legal regulation of AI algorithm discrimination.Firstly it defines the concept and characteristics of AI algorithm discrimination,and expounds its manifestations and causes,in order to gain a preliminary understanding and understanding of algorithm discrimination.Then it states the necessity of legal regulation of AI algorithm discrimination from three perspectives:individual,market and society.Finally,it briefly analyzes the legal basis for legal regulation,including the principles of fairness,justice and human dignity.The third chapter is a comparative investigation part of the legal regulation of artificial intelligence algorithm discrimination.It mainly sorts out the representative legal norms of countries and regions including the United States and the European Union,and then compares and analyzes the advantages and disadvantages of the practices of various countries,so as to summarize the enlightenment for our country.The fourth chapter is the insufficiency of the legal regulation of AI algorithm discrimination.The current deficiencies are expounded,which mainly from the research and development,deployment and decision-making stages of the algorithm.In the stage of research and development,the responsibilities of subject are unclear and there is no connection with the algorithm;in the deployment stage,the filing obligations of the deployer is not clear,and there is no targeted system review,supervision procedures and reasonable responsibilities;in the decision-making stage,it is difficult for victims to identify discriminatory results and to relieve and safegurd their rights.The fifth chapter is about the improvement of the legal regulation of artificial intelligence algorithm discrimination.From the perspective of tort liability,it is necessary to set obligations for those responsible persons to form a complete chain of responsibility.It is proposed to clarify the responsibility subject status of developers in the R＆D stage and establish the rules for the filing system of deployers;in the deployment stage,the supplementary filing obligations of the deployers should be refined,supporting review and supervision procedures should be formulated,and the responsibilities of the deployers should be reasonably allocated;in the final decision-making stage,regulations can be used to identify discrimination with the help of official regulators and enrich the remedies for victims.