On the Challenge and Agile Governance of Generative Artificial Intelligence to Personal Information Security in China
Generative artificial intelligence secretly collects sensitive personal data,breaking through the limitation of the principle of"informed consent"and the principle of"minimum necessity",which may lead to high incidence of illegal information disclosure.The information collection behavior of generative artificial intelligence is active,the collection content is comprehensive,and the generalization ability is strong,which brings serious challenges to the principles of"informed consent"and"minimum necessity".At the macro level,China's existing civil laws are incapable of data security governance,criminal laws lack clear measurement standards for violations,and administrative regulations are the backbone of data rule of law.At the micro level,the existing legal standard system of our country imposes unreasonable duty of proof on the infringed,and the judicial relief path is single,which is not conducive to the right relief.This paper chooses the risk control path,builds the system from the aspects of algorithm protocol transparency,governance scenario and multi-directional collaborative response to information association violations,and introduces a separate supervision system of sensitive personal data and a preventive public interest litigation system to solve the dilemma.
generative artificial intelligencepersonal information securityagile governancepreventive public interest litigation
NETL
NSTL
万方数据
