协同治理路径下的算法决策规制

Abstract:Current regulations about algorithm governance in China reflect the concept of collaborative governance. Collaborative governance of automated decision-making helps to balance interests of multiple subjects，and solves the human subjectivity concern and functional problems of algorithm. Under the framework of collaborative governance，the individual rights on automated decision-making in China’s Personal Information Protection Law aim to provide individuals with ways to participate in automated decision-making governance，establish due process for automates decision-making，and relieve the concern of human subjectivity. However，individual empowerment cannot effectively solve the functional problems of algorithm. Thus，the content of individual rights should not be too broad. To solve the functional problems of algorithm，it is necessary to attach importance to the personal information protection impact assessment system that embodies collaborative governance and obligatory rules. The personal information protection impact assessment system needs to focus on integrating the resources and capabilities of multiple subjects，and form a dynamic assessment system that covers the entire process of automated decision-making.

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