Models and Paths for the Normative Protection of Personal Information in the Filed of Gen-erative Artificial Intelligence
The failure of the existing mechanism for the normative protection of personal information in the field of generative artificial intelligence has led to new problems in the normative protection of personal information,which is reflected in the difficulty of determining the informed consent for personal infor-mation and the governance problems of illegal transfer,excessive processing and illegal tampering and utilization of personal information.The reason for these difficulties lies in the fact that the personal in-formation protection norms adopt the empowerment and protection model formed before the rise of gen-erative artificial intelligence,which is difficult to meet the dynamic,differentiated and risk control needs of personal information protection brought by generative artificial intelligence.Therefore,according to the phased characteristics of generative AI,a phased protection model should be adopted,that is,differ-ent types of normative protection of personal information should be adopted according to the different stages of generative AI:a rights-based compliance governance path should be established on the basis of internal characteristics in the initial pre-training stage,a scenario-based risk control path should be adopted according to dynamic scenario-based features in the application deployment stage,and a con-sequence-based accountability path should be adopted according to the fixed characteristics of conse-quences in the result generation stage,to realize the effective and normative protection of personal infor-mation throughout the entire life cycle of generative artificial intelligence.
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