Perfection of the Rights Confrontation Mechanism of Automatic Decision-making:the Interpretative Path to Article 24 of The Personal Information Protection Law
Article 24 of The Personal Information Protection Law(Draft)stipulates many types of claim rights,including the right to be free from automatic decision-making constraints.However,the legal nature of this code is unclear,the concept connotation is vague,the interest relationship is unbalanced,and the procedural relief means are missing.Article 24 has the nature of both prohibitive provisions and rights provisions.In terms of the specific normative connotation,the"significant impact"is limited to the substantive impact on the rights and obligations of the data subject;"user portrait"is not limited to individual user portraits based on personal data,but also includes user portraits based on the same or similar groups;"fair and reasonable decision-making"requires data processors to undertake the obligation of reasonable analysis in the process of data processing;in addition,individualized automated push should also be incorporated into the concept of generalized automated decision-making.On this basis,it is necessary to continue to improve the automatic decision-making claim confrontation system from the entity level and procedure level.
automated decision makinguser profilingsignificant impactNot to be subjected to automatic decision-making
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