Research On The Legal Regulation Of Algorithmic Discrimination In The Era Of Big Data

With the advent of the era of big data,data resources have become an important national production and strategic resources.Citizens’ fundamental rights are influenced by big data and algorithms.Big data and algorithms construct a new legal relationship,new legal subjects and legal objects emerge,and new legal relationships are formed.With the rise of private power,the traditional "power-right" structure is analyzed and reconstructed,and the binary relationship between state power and individual rights needs to be re-examined.Big data accelerates the social transformation,but also increases the national data security risks,bringing the individual’s right to privacy,the right to know and other basic rights are violated.From the current legislative situation,China has not yet established a complete and effective data legal system,in which data security,Data rights confirmation,data monopoly,data tort liability investigation problems need to be solved urgently.At present,many sub-disciplines of law have carried out research on big data and artificial intelligence from different angles,and formed some research results.The need to protect the equal right of personal data promotes the soundness of the research system of legal disciplines and the enrichment of research content,and the legal problem of algorithmic discrimination is one of the research contents.From the perspective of constitution and ethics,algorithmic discrimination violates the basic rights of citizens guaranteed by the constitution and challenges the bottom line of ethics and morality.From the perspective of national development strategy,our government has the richest data resources,and in order to respond to the request to improve data quality and data security,it is more necessary to establish the consciousness of standardized processing of data and put it into action in order to safeguard national security,develop social economy and maintain social stability.From the research significance of the cross-discipline of big data and law,it is not only beneficial to improve the current legal framework,but also beneficial to the Internet enterprise platform,government departments,algorithm designers and the public to understand the harm of algorithm discrimination,which is also of positive significance for the renewal of the equal rights protection model and the protection of the rights of digital vulnerable groups.The preliminary research foundation provides a certain amount of information and theoretical support: First,combined with the situation of big data application under the new crown pneumonia epidemic,study the operational logic,legal problems and regulatory ideas of big data application,and second,the challenge of the protection of citizens’ basic rights in the era of big data,take consumer privacy as the research object,through coordination and organization of the division of labor,subject declaration writing,panel discussion,expert consultation,writing papers and other work,the data processing,data analysis and data application in the era of big data a preliminary understanding of the specific challenges to the protection of the rights of individual data.The basic research ideas of this paper are: combined with the background of the big data era,analyze and summarize the latest research results,absorb and learn from foreign research experience,and provide scientific support for the study of legal problems of algorithmic discrimination.Research has concluded that big data resources are of great significance to individuals and countries,but the operation of new technologies centered on big data and algorithms challenges the protection of the right to equality of personal data.In the process of collecting,classifying,processing data and using data-assisted algorithms to make decisions,direct or indirect discrimination and discrimination results in different fields are produced in accordance with the subjective discrimination intention of the algorithm designer,whether intentional or unintentional,in order to meet the needs of the recipients of algorithm services or other organizations or individuals.Based on the universality,concealment and systematic characteristics of algorithmic discrimination,combined with the specific application scenarios of algorithmic discrimination,the causes of algorithmic discrimination are explored.Drawing on the legislative and practical experience of foreign countries with reference value,based on the logical path of legal regulation,it is concluded that the legal regulation path of algorithmic discrimination can be carried out from the combination of other laws and self-discipline,diverse subjects co-governance,strengthening market supervision and so on.From the perspective of the key algorithm subject,the legal regulation of algorithm discrimination in our country starts from the four main bodies of algorithm engineer,government,platform and public,and puts forward that we should pay attention to the ethical education and training of technical personnel,strengthen the supervision of relevant government departments,establish the algorithm accountability mechanism of the platform,and improve the channel of public participation in the supervision of the algorithm.