Legal Regulation of Algorithmic Discrimination

Author

Zhi Zhu * 1

1 Institute of Law, Central University of Finance and Economics

Corresponding Author

Zhi Zhu

Keywords

algorithm review, big data, algorithmic discrimination

Abstract

Algorithmic discrimination is a kind of unreasonable, unequal treatment based on algorithms, which is widely existing in all areas of our social and economic life. Compared with traditional discrimination, algorithmic discrimination is inherent, professional and concealed. In practice, both market forces and government regulation have certain limitations in regulating algorithmic discrimination. On the one hand, enterprise autonomy often fails due to benefit considerations, while industry self-discipline lacks a set of mature and effective rules. On the other hand, in addition to the lack of complete algorithm review mechanisms and accountability systems, government supervision is also limited by technical regulatory difficulties. Therefore, it is necessary to further improve the legislation of algorithmic discrimination, set up algorithm review institutions, establish algorithm review mechanisms and strengthen industry and enterprise self-discipline.

Citation

Zhi Zhu. Legal Regulation of Algorithmic Discrimination. ASBR (2021) ASBR Vol.1 No.1: 65-72. DOI: 10.54254/asbr.2021009.

References

[1]: Han Shuo. How Algorithms are Equal: Establishment of Algorithmic Discrimination Review Regime [J]. The South China Sea Law Journal 2020, 4(02): 114-124.

[2]: Zhou Xianwei. Algorithmic Discrimination: Performance, Influence and Legal Regulation [J]. Journal of Zaozhuang University, 2020, 37(04): 118-123.

[3]: Wang Zhijie. Supervision of Inclusive Finance under Algorithmic Discrimination—Based on Algorithmic Discrimination and Coupling of Inclusive Financial Risks [J]. Fujian Finance, 2020 (06): 21-27.

[4]: Zhang Yuhong, Qin Zhigang, Xiao Le. Discriminatory of Big Data Algorithm [J]. Studies in Dialectics of Nature, 2017, 33 (05): 81-86.

[5]: Chen Gen. From Algorithmic Discrimination to Data Justice, “Malice” of Artificial Intelligence. Retrieved May, 30, 2021 from https://www.sohu.com/a/409868821_124207

[6]: Liang Xianfei. Thoughts on Algorithmic Discrimination at the Age of Artificial Intelligence [J]. China Informationization, 2020 (07): 54-55.

[7]: Cai Lin. The Legal Exploration of Patent Protection Method for the Artificial Intelligence [J]. Journal of Northwestern Polytechnical University(Social Sciences), 2019 (03): 103-111+3.

[8]: Han Xuzhi. The Dilemma and Solution of Informed-consent Rule in Personal Information Protection—On the Relevant Provisions of the Personal Information Protection Law (Draft) [J]. Business and Economic Law Review, 2021 (01): 47-59.

[9]: Algorithm: Fully Incorporated into the Supervision Field. Retrieved May 30, 2021 from http://www.cac.gov.cn/2019-05/21/c_1124523038.htm

[10]: Yang Dong. Interpretation of Anti-monopoly Guide in Platform Economy—Implementing Comprehensive Supervision and Preventing the Expansion of Capital Disorder. Retrieved May 30, 2021 from https://www.sohu.com/a/451960708_345245

[11]: Han Xuzhi. The Dilemma and Solution of Informed-consent Rule in Personal Information Protection—On the Relevant Provisions of the Personal Information Protection Law (Draft) [J]. Business and Economic Law Review, 2021 (01): 47-59.

Copyright © 2021 Eliwise Academy. Unless Otherwise Stated