Research On The Right To Explanation

With the development of the era of big data,automated decision-making is also applied to more and more social scenes.However,while algorithmic decision-making brings many conveniences with efficient and accurate automated decision-making,it also raises public concerns about discrimination and opacity caused by automated decision-making.Therefore,the right to explanation is put forward as one of the algorithm regulation schemes,but the academic dispute about this right extends from the level of positive law to the level of this right,and this paper aims to discuss this right at the level of it.On the level of necessity,the criticism of the right to explanation mainly includes the theory of no value and impossibility.At present,the right to explanation is indeed faced with difficulties such as transparency trap,complexity of interpretation,fuzziness of rules,and lack of effectiveness,but in essence,such criticism cannot shake the legitimacy foundation of the right of request for algorithmic interpretation given to the counterpart.On the one hand,this kind of criticism ignores the protection of the right of algorithmic interpretation on individual dignity and autonomy at the level of personal interests,and its maintenance on common good such as social trust and collective interests,and also ignores its feasibility on external reasons.When the algorithm system makes a decision that is not conducive to the counterpart,if it lacks the important link of algorithm explanation,it is difficult for the counterpart to know the affected reasons,let alone seek other remedies.The right to explanation,as a remedy for the counterpart of the algorithm when the automatic decision-making has a great impact on his personal rights and interests,has its legitimacy in both internal and external reasons,and we should also clarify and refine the specific rights of the right to explanation in order to better cope with the risks brought by automatic decision-making.At the same time,it should be noted that algorithm interpretation is not aimed at realizing the complete transparency of the algorithm.In the context of China’s Personal Information Protection Law,the right to explanation should be a dynamic right.On the basis of clarifying the content and standard of its interpretation,we should adhere to the principle of scene and discuss the automatic decision-making in the public and private fields differently.Above,through the practice of explaining the right of claim to the algorithm under the personal empowerment mode,the goal of good governance of responsible algorithm can be promoted.