Research On Personal Information Protection Under Algorithmic Automated Decision-making

In the era of artificial intelligence and information technology,algorithmic automated decision-making is widely and deeply used in various fields.However,the opaqueness of the technology and the bias brought up by the values of designers and personal information processors can cause legal risks such as injustice and discrimination,and bring challenges personal information protection.Therefore,European countries,the United States and China are all improving their regulatory systems for automated algorithmic decision-making.For China,Article 24 of the Law of the People’s Republic of China on the Protection of Personal Information focuses on automated algorithmic decision-making,but it is not enough when dealing with high-tech and complex systems.So,it is necessary to improve the law in order to prevent the risks brought about by automated algorithmic decision-making in all aspects and to avoid the abuse of automated algorithmic decision-making to the detriment of personal information rights.The current study aims to first 1)discuss the definitions of algorithmic automated decision-making,personal information,the application scenarios,and types of infringement of algorithmic automated decision-making;2)make it clear the challenges and threats caused by algorithmic automated decision-making to personal information protection;Second 1)analyze current regulation on and shortcomings in personal information protection under algorithmic automated decision-making in China,and 2)explore and learn from the regulatory experience of European Union and the United States dealing with algorithmic automated decision-making.Last,take into account the actual harm of algorithmic automated decision-making,the damage to the rights and interests of personal information,and experience from domestic and foreign regulations,the research proposes a regulatory path for algorithmic automated decision-making in the protection of personal information in China.The suggestions consists of 1)improving the informed consent system,the classification system and the algorithm impact assessment system for ex ante prevention;2)the establish a special regulator and a continuous reporting system for ex post regulation;and 3)add into a the right to explanation,a system to determine the infringement liability and an improved system of public interest litigation system for ex post relief.By doing so,it is hope to realize comprehensive protection of personal information rights and interests.