The Legal Status and Regulating Pathway of Algorithms in Private Law under Theory of Interpretation
The process of automated decision-making by artificial intelligence algorithms belongs to the human-machine interactive decision-making process,and therefore the algorithms are subject to regulation.The application of algorithms may lead to infringement of civil subject rights and therefore the algorithms are subject to regulation in private law.When an algorithm can be used as a technical solution and meets the requirements of novelty,creativity and practicality,it can be protected as an invention patent object For artificial intelligence algorithms that cannot be protected as invention patent objects,rights protection can be obtained through the commercial secret path.In transaction relationships where algorithms are used as transaction media,if the negative characteristics of the algorithm itself cause damage to rights and interests,the user of the algorithm can request the algorithm service provider to assume breach of contract or tort liability.In legal relationships involving data analysis where algorithms are used,if the processing of data by the algorithm involves unauthorized personality rights or intellectual property rights of other civil subjects',the rights'holder can request the algorithm service provider to assume tort liability if necessary measures are not taken in a timely manner.
AlgorithmLegal StatusIntellectual PropertyRegulations in Private LawPersonal Information Protection
万方数据
维普
