The different distinction and practice path of the application of algorithm interpretation right:from the perspective of public-private domain division
The different distinction and practice path of the application of algorithm interpretation right:from the perspective of public-private domain division
According to Article 24 of the"Personal Information Protection Law",if an individual believes that automated decision-making has made a significant impact on his rights and benefits,he has the right to request an explanation from the information processor.This article is considered to be a clear text for the algorithm decision explanation rules.For an algorithm decision explanation requirement,there must be a definite of rights and benefits in the subject,the reason must be that it has a significant impact on its rights and benefits,and there must be an objective interpretation standard in the content.However,Article 24 does not provide a further specific provisions for the determination of the subject of rights and benefits.Considering the differences in the normative objects and objectives of algorithm interpretation in the public and private domain,in the private domain,the subject of the interest of algorithm interpretation should be a deterministic subject,and only when its formal interest is affected can it propose the proposition of algorithm interpretation,while the information processor only needs to interpret the algorithm in a physical way.In the public domain,the subject of algorithm interpretation should be a deterministic or relevant subject.In addition,no matter its form or substantive rights and interests are affected,the claim of algorithmic interpretation can be put forward,and information processors need to explain the algorithm by things or things,so as to promote the value balance between technological development and rights protection,public interests and personal interests.
关键词
算法/算法解释权/个人信息保护法
Key words
algorithm/algorithm decision explanation right/personal information protection law
万方数据