The processing of data such as personal information constitute the infrastructure of automated administration.Under the multi-legal requirements for personal information protection,data security,and algorithm governan...The processing of data such as personal information constitute the infrastructure of automated administration.Under the multi-legal requirements for personal information protection,data security,and algorithm governance,the legal regulation of such administrative activities should pursue the value goal of balancing the use and protection of personal information,promoting the efficient,safe,and orderly flow of personal information,and forming a standardized order for the use of personal information,and build a systematic public governance mechanism.From the perspective of reflective law,the personal information governance of automated administration shall promote its self-regulation under the stimulation of external regulation.Fundamental rights are a combination of dual reflective structures of the political system and the legal system,forming the constitutional basis for the self-regulation of automated administration.The personal information protection system and digital administrative law are external regulations from the legal system,forming the legal basis and providing automated administration with scenario-based and classified governance ideas.The government data scenario focuses on the standardized governance of personal information processing activities.It takes the principles of fair information practice as its basic framework and the necessity to perform statutory duties as its legal basis.The algorithmic decision-making scenario forms its framework system based on the principle of algorithmic due process,which clarifies the information subject’s right not to be subject to automated decision-making and the mechanism for exercising the rights.It establishes the information flow order in public algorithms based on the procedural law regulations of prior algorithm designs.展开更多
基金2021 National Social Science Fund of China Major Project“Research on the Social Impact of Internet Platforms and Its Governance Path”(Project approval Number 21&ZD195)the“Research on Legal Issues of Anti-terrorism Legislation and Human Rights Protection”under Shandong Provincial Youth Innovation Team Development Program for Universities(Project Number 2022RW016)of the Shandong Provincial Department of Education in 2022。
文摘The processing of data such as personal information constitute the infrastructure of automated administration.Under the multi-legal requirements for personal information protection,data security,and algorithm governance,the legal regulation of such administrative activities should pursue the value goal of balancing the use and protection of personal information,promoting the efficient,safe,and orderly flow of personal information,and forming a standardized order for the use of personal information,and build a systematic public governance mechanism.From the perspective of reflective law,the personal information governance of automated administration shall promote its self-regulation under the stimulation of external regulation.Fundamental rights are a combination of dual reflective structures of the political system and the legal system,forming the constitutional basis for the self-regulation of automated administration.The personal information protection system and digital administrative law are external regulations from the legal system,forming the legal basis and providing automated administration with scenario-based and classified governance ideas.The government data scenario focuses on the standardized governance of personal information processing activities.It takes the principles of fair information practice as its basic framework and the necessity to perform statutory duties as its legal basis.The algorithmic decision-making scenario forms its framework system based on the principle of algorithmic due process,which clarifies the information subject’s right not to be subject to automated decision-making and the mechanism for exercising the rights.It establishes the information flow order in public algorithms based on the procedural law regulations of prior algorithm designs.
