On the Determination of Reasonable Differential Treatment in Transaction Conditions within Automated Decision-Making
Article 24,Paragraph 1 of the"Personal Information Protection Law"prohibits unreasonable differential treatment in automated decision-making and establishes the criteria for determining"reasonable differential treatment".However,due to the ab-stract nature and lack of certainty of these criteria,coupled with the absence of specific rules for their application,there are difficulties in understanding and applying them in judicial practice.To address this,an approach based on the weighing of interests can be consid-ered.This approach starts from the input of information in automated decision-making,the decision-making process,and the output of results,to determine the elements of interest weighing related to each stage and their connotations.These elements are then used as the basis for assessing the reasonableness of each stage,ultimately contributing to the determination of reasonable differential treatment.In the specific application of the interest weighing method,decision transparency and the fairness and justice of the results should serve as the criteria for judgment.By integrating each stage and element with these criteria,the relationships between the stages and the de-termination results should be clarified.On this basis,the principle of proportionality should be incorporated into the interest weighing mechanism to form a feasible method of determination,enhancing the clarity and operability of the determination method for reasonable differential treatment.
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