Processing activities of data such as personal information constitute the infra-structure of automated administration.Under the multi-legal requirements in personal informa-tion protection,data security,and algorithm governance,the legal regulation of such adminis-trative activities shall pursue the value goal of balancing the use and protection of personal infor-mation,promoting the efficient,safe,and orderly flow of personal information,and forming a standardized order for the use of personal information,and build a systematic public govern-ance mechanism.From the perspective of reflective law,the personal information governance of automated administration shall promote its self-regulation under the stimulation of external regulation.Fundamental rights are a combination of dual reflective structures of the political sys-tem and the legal system,forming the constitutional basis for the self-regulation of automated administration.The personal information protection system and digital administrative law are ex-ternal regulations from the legal system,forming the legal basis and providing automated ad-ministration with scenario-based and classified governance ideas.The government data scenario focuses on the standardized governance of personal information processing activities.It takes the principles of fair information practice as its basic framework and the necessity to perform statu-tory duties as its legal basis.The algorithmic decision-making scenario forms its framework sys-tem based on the principle of algorithmic due process,which clarifies the information subject's right not to be subject to automated decision-making and the mechanism for exercising the rights.It establishes the information flow order in public algorithms based on the procedural law regulations of prior algorithm designs.
关键词
自动化行政/个人信息保护/场景规制/政务数据治理/算法决策
Key words
Automated Administration/Personal Information Protection/Scenario Regu-lation/Government Data Governance/Algorithmic Decision-making