Legal Risks and Countermeasures of Personal Information Protection in the Application Scenario of Generative AI
Data have long become a new element of property rights and industrial base,and ChatGPT,a generative Al with certain rational ability,has constituted a new infringement paradigm for personal information rights and interests at three levels:big data feeding,artificial data identification processing,and information re-output.Although the Personal Infor-mation Protection Law,Cyber Security Law and other legal norms have established a series of personal information protec-tion measures,there are still difficulties in the interpretation and application of generative AI services and applications.China needs to encourage the development of AI on the premise of protecting the rights and interests of personal informa-tion.It is necessary to establish the principle of risk-based personal information protection,and try to take"risk predic-tion-deconstruction-resolution"as the basic path,optimize the"informed-consent"rule at the micro level,strengthen the internal autonomy of enterprises with the principle of"protection by design",and flexibly adjust the infringement liabil-ity mechanism.
Personal Information Protection LawChatGPTgenerative AIrisk control
万方数据
维普
