The Dilemma and the Solution of Personal Data Protection in the Era of Artificial Intelligence
The development of artificial intelligence(AI)relies on processing of large amounts of personal data.The principle of purpose limitation,the rules on individual's right to know and right of discretion in the Personal Information Protection Law should be properly applied to guarantee the development and safety of AI.That principle has"two limbs";the first is the limitation on processing purpose itself,and the second is the limitation on processing methods according to processing purpose.There is a tension between the principle of purpose limitation and the development of AI,which leads to the application dilemma of the principle.That gives rise to much difficulty to apply other principles such as the principle of data minimization,would be adverse to the exertion of individual's right to know and right of discretion,and impairs the voluntariness and fairness in personal data transactions.While the principle of purpose limitation in China allows purposes with broad content,it requires processing methods being directly related to those purposes.Against this background,it is not necessary to disclose each step of the processing of personal data,but to disclose all sorts of processing purposes such as training machine learning models,user tagging and data profiling,and providing personalized services,and to respectively disclose their risks.User tagging and data profiling through AI are processing of personal data.These processing activities per se are not reasonable;they should include designs that reflect the value of fairness.Procedural rules are necessary for individuals to collectively exercise the limited right to determine user tags and data profiling.
artificial intelligencepersonal dataprinciple of purpose limitationdata profilingpersonal information protection
万方数据
维普
