英文摘要 |
The right not to be subject to a decision based solely on automated processing is a powerful algorithmic right to safeguard the rights and interests of data subjects. It has the characteristics of the rich connotation of rights and a complex exercise system. As the forerunner of the regulation algorithm, the EU and the United States have made institutional responses to this right. The EU takes the lead in confirming the right and constructs the governance framework from the concept of personal data protection, while the United States adopts the governance model of algorithm violation regulation in combination with its liberal tradition. Both have their advantages and disadvantages. China has been in a leading position in the field of algorithm governance in the world. For the right not to be subject to a decision based solely on automated processing, we are building a power supervision mechanism by taking The Personal information protection law of China as the basic point, The Regulations on the recommendation and management of Internet information service algorithms, The£-commerce law, and other legal fields as separate governance models, but there are still insufficient legal resources in the practice of the rule of law Imperfect governance system and other defects. to achieve more efficient algorithmic governance, China needs to learn from the policies of Europe and the United States to construct a data subject exercise system with precise regulation and systematic supervision. |