Research on Legal Regulations of Information Automated Decision-making from the Perspective of Private Law

Abstract

Information automated decision-making has been widely applied and developed in private field. Being in the trend of a mighty rise, it brings convenience to life, meanwhile its own nature attribute of the “black box” has triggered various legal challenges which are increasingly prominent, such as the issues of transparency, discrimination and interpretation power. The legal regulations of automatic information decision-making from the perspective of private law need to analyze the causes of legal challenges and the limitations of relevant legal regulations. Exploring the root causes of interest conflicts and putting forward suggestions on the right structure of data subjects and the definition of obligations of decision-making subjects, as well as being based on the status quo of private law of information automated decision-making in China, this paper proposes legal regulations from the perspectives of legislation, institutional framework, multiple governance mechanism and judicial accountability.