Construction Of Algorithmic Regulation System Based On Personal Information Protection

Nowadays,human society has entered the stage of informationize and digital development.As the algorithm technology infiltrates the production and lifestyle of the entire society,the algorithm has also had an increasingly profound and extensive impact on individuals.The harm of algorithmic power to individuals begins with the digital transformation of individuals.Through the technical nuisance,power discipline,and trust deficit,the harmful consequences are not only manifested in the deeper harm to traditional rights,but also in the emergence of rising rights and new-type rights,and the risk of harm even spreads from individuals to the whole society.Therefore,this article believes that the coordination and balance of the relationship between the right to the personal rights today and the personal rights should become an inevitable choice for regulating algorithms and protecting personal rights.However,the means and tools of traditional algorithm regulation have limitations.Because they can only take effect in the external of the algorithm’s process of personal computing,and has not penetrated into the special legal relationship between the technology and individuals during the running of algorithms,also does not touch the root of algorithm regulation.Algorithm empowerment can convert the perspective of regulation to the inside of the legal relationship,and use the exercise of the active rights by individuals as the core means to restrict and confront the algorithm power.But this way is also limited.Algorithm rights have inherent deficiencies in the theoretical basis and legal arrangements.The theory of rights bundle focuses on the relationships among the interest subjects on resources,and has a flexible and open structure.By analyzing the essence of algorithmic rights on the basis of Hofeld’s rights theory,we can find that the lack of "immunity" elements is the fundamental reason for the limitation of algorithmic rights.In the context of the overlap of algorithm application and personal information processing scenarios,the transformation of rights and powers in the right bundle can provide a proper theoretical way for algorithm rights to integrate into the personal information right bundle,so that algorithm rights can overcome their limitations and play their original regulatory functions through the "immunity" elements in the personal information rights.Finally,the algorithmic power regulation can form an internal continuous and developable systematic structure through the improvement of relevant means and tools based on the relevant theories,concepts and systems of personal information rights.That is,an algorithmic regulation system with the value concept of "protection and utilization" balance running through the whole process,the extension through the combination of positive empowerment and reverse confirmation of rights,and the participation absorbing multiple subjects.