How To Eliminate The Algorithms Discrimination

Algorithmic discrimination is the discrimination that may occur in the process of running an algorithm.It can also be considered as the bias that may occur when an algorithm is analyzing data and making decision automatically.The key to this kind of bias is the fact that the algorithm prioritizes the pursuit of efficiency,but this kind of value of efficiency preference is internally conflict with the value which usually advocated by human beings such as "fairness" and "justice" and so on.The right of equality is a fundamental right given to every citizen by the Constitution,and there are also relevant provisions in every department of law.Equal rights of consumer is a type of the right of equality,which is also fitted by law.Compared with the equal rights,equal rights of consumer has its specificity,which is reflected in three aspects.First,universality.That is,the situation of equal rights of consumer are infringed is more common than other types of algorithmic discrimination.Second,perceptibility.That is,consumption is a process decided by consumers themselves,and it occurs in consumers’ daily life.Therefore,algorithmic discrimination at in this period is more visible,especially when it is displayed in the form of price fluctuation,it will be intuitively and clearly perceived.Third,value-eclectic.The essence of algorithms chasing efficiency value is consistent with the efficiency priority of commodity economy,and law protects this kind of preference to some extent.Generally,it is considered normal to pursue the efficiency value in the field of business.Therefore,algorithmic discrimination in the field of business is often hidden behind "normal business decisions",and due to the existence of technical barriers while running the algorithms,it is extremely difficult for consumers to prove that to what extent the disparate treatment in the same situation is illegal.From the perspective of right protection,algorithmic discrimination violates the equal rights.The concrete modes of this kind of infringement should be analyzed in combination with the forming reasons of algorithmic discrimination.Using the forming reasons as the classification criteria,algorithmic discrimination can be divided into conscious algorithmic discrimination and unconscious algorithmic discrimination.Conscious algorithmic discrimination is manipulated by the interest subject behind it,while unconscious algorithmic discrimination is automatically generated during the running of the algorithm.However,in either case,it produces effects through the actual algorithmic power generated by the operation of the algorithms.Therefore,if it is necessary to regulate the algorithmic discrimination,then it is crucial to explore the source and the regulation methods of algorithmic power.To explore the elimination of algorithmic discrimination,we can mainly adopt conceptual analysis and empirical research methods.We should start with related concepts of algorithmic discrimination,clarify the relationship between concepts and the background of their introduction and use,analyze the classification and characteristics of algorithmic discrimination,introduce the current situation of judicial practice by using cases,and gradually explore the source of algorithmic discrimination which is the generation of algorithmic power,and then,combine with the theory of equality,explore the regulation approach from the legislative field,judicial field and administrative field.In the process of legislative regulation,equality theory should be implanted in every link of algorithms writing and running.When it comes to specific measures,there are three suggestions: first,the transparency of algorithms should be written into law;second,the equality theory should be implanted in the whole process of algorithms application;third,the accountability subject of algorithms should be determined.On the way of judicial regulation,we should reconstruct the system of algorithm interpretation right,improve the channel of the litigant relief,and guarantee the implementation of the right to erase and change personal information.On the way of administrative supervision,the main path is to establish the algorithmic safety committee to take over the algorithmic power.