Research On The Legal Regulation Of Automated Decision-making

Automated decision-making is the act of using personal information for analysis and decision-making.While facilitating the use of personal information,it also brings problems such as the leakage,abuse,"big data killing",and discrimination against personalized recommendation algorithms.The newly introduced Personal Information Protection Law in 2021 provides a framework for legal regulation of automated decision-making.However,there are still issues with insufficient transparency in automated decision-making mechanisms,such as the "concealment" of personal information processors’ collection of personal information,formalization of disclosure obligations,and the uncertainty of decision-making reasons among personal information subjects.Also,the judicial remedies are insufficient,especially on the unclear scope of responsibility subjects,the difficulties on the application of fault liability principles and lack of immediate relief.Moreover,the regulatory system is also imperfect,such as the lack of specialized regulatory bodies and inadequate regulatory mechanisms.Based on a comparative analysis of theories,rules,and cases related to automated decision-making at home and abroad,solutions are proposed to address issues such as insufficient transparency of automated decision-making algorithms,inadequate judicial remedies for automated decision-making,and imperfect regulatory mechanisms for automated decision-making.Firstly,by clarifying the principle of minimizing information collection,refining the use of informed consent rules,and implementing algorithm interpretation rights,a transparent protection mechanism for the entire automated decision-making process is constructed.Secondly by distinguishing the main responsibilities of algorithm designers and algorithm users,as well as adding relief methods such as pre litigation injunctions,aiming to balance the fairness and efficiency of judicial remedies.Thirdly by improving the algorithm evaluation system and establishing an automated decision-making supervision and management committee,aiming to improve the regulatory mechanism.