Research On Personal Information Protection System Under The Background Of Automated Decision-Making

In the era of "digital intelligence",new forms of internet industry,represented by big data mining and multimodal algorithm model applications,are constantly emerging.However,the accompanying difficulties in personal information protection and use have also attracted attention from the academic community.The Personal Information Protection Law of the People’s Republic of China,which has been promulgated and implemented,summarizes the legislative spirit of the Civil Code of the People’s Republic of China and other comparative laws such as the European Union’s General Data Protection Regulations as a reference blueprint,forming a legal document with its own characteristics,including further expanding the scope of personal information protection and constructing personal information processing rules with "informed consent" as the core,The comprehensive regulation of automated decision-making has improved the legal liability for infringing personal information.However,when faced with legal difficulties such as algorithmic discrimination,big data fraud,and user profiling caused by automated decision-making,the existing rule framework is not yet comprehensive and specific enough to achieve the expected social effects of legislators.Therefore,while defining the relevant concepts and legal attributes of personal information,this paper tries to find out the particularity of legal protection of personal information under automated decision-making,so as to better analyze the endogenous mechanism of the dilemma caused by automated decision-making.On the basis of drawing on the advanced experience and protected mode of foreign countries,this paper reshapes the "informed consent" rule,and introduces the idea of classified protection and the theory of "consistent with the scene",Simultaneously construct a scenario based process for personal information rights in the context of automated decision-making.In addition,it is necessary to clarify the principles of legal protection of personal information in the context of automated decision-making and improve the mechanism of personal information supervision,in order to build a multi-dimensional and comprehensive personal information legal protection system in China under the background of automated decisionmaking,in order to create a good digital ecosystem.