Transparency of algorithms as a legal principle of automated processing of data relating to a person

Abstract

The article discusses the problems of implementing the principle of transparency of algorithms when using information technology. The computer algorithms underlying the software often remain "black boxes" for individuals. The proposed article substantiates the need for legislative stipulation of the principle of transparency of algorithms. It assumes the openness and accessibility of information about the information used by the algorithm, the sources of obtaining such information, logical circuits and mechanisms for their processing, as well as the nature of the information obtained as a result of processing, the purposes and methods of its use. Noting the positive trends in Russian legislative regulation, the author emphasizes the need to improve legislation. The study was carried out using the comparative legal method. Examples of the legal consolidation of the principle of transparency of algorithms in the legislation of foreign countries are considered. In relation to Russian legislation, gaps in regulation are noted on the basis of the formal legal method, and proposals are formulated to eliminate them. The scientific novelty of the research lies in the formulation of the content of the principle of transparency of algorithms. It is noted that the principle of transparency should be manifested in the realization by individuals of their right to receive reliable, comprehensive and understandable information about the functioning of algorithms, about the information used and about the derived data. It is emphasized that at the level of the federal law, a criterion for the comprehensibility of information for users should be formulated. The position is also expressed that in the case of using algorithms in recommendation systems or in targeted advertising, the user should be able to refuse algorithmic processing of data about him, or limit the use of certain personal information by algorithms.