Algorithm governance should first guarantee the right to protect the algorithm。Algorithm rights refer to the individual，Used to know、Participate or change、The right to refuse algorithm automation decisions，The purpose is to ensure that individual interests are not infringed by the automated decision -making of algorithms，and be able to get relief after being infringed。Algorithm power refers to public institutions and platforms facing each other through certain algorithms、A series of functions and influences that users and the public actively applied，This role is reflected and implemented with the help of the careful design algorithm model and interactive mechanism.。

In the algorithm governance system，Algorithm power is the direct starting point of algorithm governance，But it is not the best point。Too much pinning algorithm risk prevention and governance on algorithm power regulation，It will ignore the right to guarantee algorithm rights is also an important cause of risk，It has also been separated from the ultimate goal of algorithm governance -guarantee the well -being of the individual in the digital age。

　　bet365 live casino games It is also the cause of risk

Algorithm rights protection rather than algorithm power supervision should become the primary foothold of algorithm governance。Algorithm rights are not created，but the logical basis with traditional rights，It is used to adjust the individual rights of the osmantic decision in the right algorithm，This can eliminate the law of the law and the gap of the rights and the right to respond to，In the era of artificial intelligence, a new system is used to achieve ancient equality、Freedom、Target of justice。Current，"Algorithm discrimination" and "algorithm hegemony" and other algorithm power out of power out of algorithm，Reality affect user rights and citizen rights。Many scholars advocate algorithm power supervision should become algorithm governance foothold，The relevant system of algorithmic power supervision in practice has also become the main path for the risk of preventing algorithms at this stage。But，What cannot be ignored is，The weakness of the right to guarantee mechanism of the algorithm right is also the cause of risk。

In recent years，The idea of ​​my country's algorithm governance system is closely focusing on the regulation of algorithm power。For example, in 2022, my country promulgated and implemented the "Recommended Management of Internet Information Service Algorithms" (hereinafter Bet365 lotto review referred to as "Regulations")，Fully grasped the endogenous risk and application risk of the algorithm，The regulatory of the power of algorithm has designed risk prevention rules in a targeted manner。But the regrettable is，Lack of effective private relief paths in my country's algorithm governance system，Diverse damage of individuals cannot obtain effective relief through algorithm power regulations。In the automated decision of algorithm，Privacy、Personal information protection、Consumer Protection and Platform Labor Rights and other diversified rights，Consumer Protection and Platform Labor Rights and other diversified rights。The poor privacy relief path of the current algorithm right has caused such damage to relief too much on administrative supervision，Forming path dependencies。However, it is subject to resources，Administrative supervision is often inadequate。and public laws must be limited to punishment in accordance with laws，Affordable problem of flexible and changeable practical problems will inevitably be stretched。On the one hand, the challenge brought to the original legal rights system in the era of artificial intelligence，On the other hand, the relief and damage to the risk of algorithm power cannot completely cover the risk of algorithm，This has prompted the appearance of the "algorithm right" at the level of science。

　　At this stage algorithm governanceIt should be based on the algorithm right protection mechanism

Algorithm rights should become the foothold of the next stage of algorithm governance。Algorithm rights，The continuation of existing legal rights in the era of artificial intelligence，If individuals are based on the contract system、Consumer Rights Protection System、The rights that should be enjoyed by the administrative law system; there are also challenges to cope with the era of artificial intelligence，Rights based on policy considerations and interests and designed by special system。The purpose of algorithm right is to ensure that individual interests are not infringed by the automated decision -making of algorithms，and be able to get relief after being infringed。Algorithm rights have gradually been recognized and determined by the legislation of various countries in recent years，But its type、Connotation and extension of controversy。In the legislation of various countries，Earlier to propose algorithm rights is the EU "General Data Protection Regulations" (hereinafter referred to as GDPR) implemented in 2018 (hereinafter referred to as GDPR).。For example, in the background preface of GDPR, Article 71 proposes the right of data subject to know the automation decision -making of algorithm: "should take appropriate guarantee measures ... to ensure that the data subject obtains the explanation of the decision reached after such evaluations，bet365 best casino games and question the decision。"" Personal Information Protection Law of the People's Republic of China "(hereinafter referred to as the" Personal Information Protection Law ")、my country's "E -commerce Law" and "Information Security Technology Personal Information Security Standards" and other laws and regulations，It also gives individual rights to know the right to informed decision -making、Explanation、Leaving from automated decision -making power and other related rights。Article 24 of the Personal Information Protection Law stipulates: "Personal information processors use personal information to automate decision，Should ensure the transparency and fairness of the decision -making、Justice，Do not implement unreasonable differences in transaction conditions such as transaction prices。Push information to individuals through automated decision -making、Business marketing，It should provide options that do not target their personal characteristics，or provide a convenient way to refuse to refuse。Make a decision to have a significant impact on personal rights through automated decision -making，Individuals have the right to request personal information processing to explain，and have the right to reject personal information processing those to make a decision only through automated decision -making。”

First，Algorithm power focuses on restrictions and specifications，Algorithm rights can take care of protection and relief。Algorithm rights are not created out of thin air，and each of which rights have the system base of traditional rights，It also reflects the faithful change of the legal system to respond to the large -scale application of the decision -making of the artificial intelligence era algorithm。The essence of algorithm rights is the right to request，When an individual becomes or is about to become an object of algorithm automation decision，Enjoy relevant algorithm rights。In the automated decision of business algorithms，Individuals through user protocols and algorithm applicants to form a relationship，Autonomous autonomy based on the contract system、Trust interests and other rights have generated the right to interpret the algorithm、Algorithm decision -making rejection, etc.。Then the actual power relationship between the application of the commercial automation decision -making algorithm and the individual，Make the individual also have the legal status of consumers，Algorithm Explanation (Knowledge) right、Algorithm decision rejection is essentially the right to know the consumer in the protection system of the consumer rights and interests、Autonomous refusal right、Coming from the evolution of fair Bet365 app download trading rights。In the automatic decision of administrative algorithm，Algorithm interpretation (informed) right is the deserved meaning of the principle of administrative disclosure，Algorithm decision -making rejection right can also find the basis of request rights in the relief of administrative counterparts。Therefore，Algorithm rights are the right to request the right to request a group of individuals who are automated by algorithms，The functions of protecting and relief individual rights。

Second，If the right to regulate algorithm is to require the algorithm "not to be evil"，Based on the right of algorithm is to require the algorithm to "do good deeds"。Algorithm rights are the legal burden of applied by algorithm applicants，The purpose lies in some social risks of the decision -making decision of algorithms。Algorithm Rights Requirement Algorithm Approximum to the individual、Explanation algorithm decision，and provide an opportunity for individual participation and objection，and the choice of providing an exit algorithm decision for individuals。The risk of algorithm decision -making is allocated to the developer and user of the algorithm for the following considerations: one，The development of the algorithm and the ability of users with decentralized risks。The strength of the counterpart is too weak，Risks should be assigned to more powerful algorithm developers and users with stronger technical power，Those who can induce risks to control risks can reduce risk as much as possible to avoid damage。Its two，Protecting individual trust in the automation decision -making of algorithm is the basis for algorithm developers and users to bear the relevant algorithm obligations。The continuous strengthening of the protection of reasonable trust has always been one of the main lines in the process of modernization。Individual applicants based on the trust of the trust of interests use personal data to automate the decision，Therefore, there are reason to expect that when the harm and error occurred，Algorithms respond to a fair and responsible attitude。This reasonable require。Law distribution risks can help to form the basic trust of algorithm automation decisions，and the development of industrial、The research and development of technology requires the establishment and benign operation of a trust model。

third，In the context of enough algorithm power regulation，Should build algorithm rights as a "security network" as algorithm governance。The word "security net" is often used to depict the role of the social security system，Refers to the time and misfortune of citizens' encounters and misfortunes，The social security system Bet365 lotto review can meet the basic needs of citizens，Relieve social anxiety。If a series of pre -risk prevention systems in the algorithm governance system、The legitimate procedures and the post accountability system in the event cannot work，Algorithm of the nature of private rights becomes the right to protect users、The last line of defense of restoring social trust。Therefore，The term "security net" vividly describes the positioning of algorithm rights in the algorithm governance system。The cost of exercise of algorithm rights can be gradually reduced through the design of the specific system，But it cannot be used as a reason for its no institutional value，At least it can declare individual rights，Delow the legal attitude。Just as to achieve product quality and safety，The law has designed a multi -level institutional system，Including an industry access system in advance、Product Quality System Standard，The administrative department quality spot check and detection，Criminal afterwards、Administrative responsibility and product infringement liability。Although it can not be sent to play the most important role in playing the liability of product infringement with private rights，But product infringement liability as a private relief path has its necessary existence value。

　　Excessive emphasis on regulatory algorithm powerWill ignore the final goal of algorithm governance

First，The ultimate goal of algorithm governance is the protection of individual equality and its legitimate rights and interests。The algorithm is widely used by platform companies and public sectors to process massive data，Make instantaneous automation decision，Individual is in the status of being decided。The algorithm passes through the possession of data、Processing and results output becomes an emerging force for allocating resources，evolved into resources、Commodity、Property、Intermediary and even social construction force。If in the platform architecture，The algorithm directly becomes behavioral specification，Impact and control individual behavior。In government departments，Algorithm assistance or even replace public power，Make automated decision -making decisions with legal effect。Once the algorithm makes unfair decisions，It is possible that it is possible to apply serious social consequences due to extensive applications for large amounts of users。For example, in the United States，Automatic decisions made by private enterprises and government public sector adopted algorithms and big data，It has made millions of people unable to obtain insurance、Loan、Rental houses and other series of services，As if being imprisoned in bet365 Play online games "algorithm prison"。The connotation of equality continues to change with changes in the times，Political equality that has long emphasized freedom and human rights，Economic equality that emphasizes resources and benefits，Social equality that emphasizes opportunities and abilities。New inequality in the era of artificial intelligence，And this inequality is more hidden and serious -knowledge、Information obtained and mastered inequality。This data、inequality of algorithm and computing power，embedded in the inherent power architecture of society，Make the unzery treatment that the weak individual may receive more hidden。Algorithm rights are the necessary rights that individuals should enjoy in the digital production system and digital government governance in the era of artificial intelligence。Compared with the platform that master digital production，Still compared with the government that has greatly improved in digital governance，Individuals are in a very weak position。Therefore，The final goal of algorithm governance，is the guarantee of equality and its legitimate rights and interests。

Second，Only the algorithm right is the algorithm governance path started by the user。The setting of the algorithm right is to balance the very different right relationship between the user and the individual，Provide relief for individuals who may be unfavorable algorithm decisions，to reach equality pursued by the law。In the existing algorithm governance system，Algorithm accountability system、Algorithm transparency、Platform self -discipline and other systems either by the government to advance in supervision，Either the position of the algorithm application。In the government、Comparison of the platform and user trilogy，Individuals are neither a strong force as strong as government power to compete platforms，There is no technical force to do the review of automated decision -making algorithms，Even without the power to vote to leave the platform with your feet。Only algorithm rights are algorithms that can be started by users。Therefore，Private rights protection path has an irreplaceable effect。For this，In my country's algorithm governance system，Also targeting minors、Elderly、Labor and big data killing and other scenarios，Configure the corresponding behavior rules respectively (Article 19 to 21 of the Regulations)。In order to achieve the bottom -up algorithm governance，"Regulations" through the right path，The right to give individual anti -algorithm decisions。

Last，Algorithm rights system can better relieve "digital vulnerable groups"。Due to search、Master、Treatment、Differences of the knowledge ability of information devices，bet365 live casino games Some individuals become "digital vulnerable groups"，And it is easily controlled by uneven technical power。"Digital vulnerable group" generates except for the main reason for the main body，More importantly is the social order change brought about by technological development、 Social contradictions change and social structure innovation, etc.，Make the original social system supply with the new public appeal and not match。Algorithm rights can guarantee the right to help digital disadvantaged groups，To achieve the acquisition of individuals in the era of artificial intelligence、Use technical equality。Specific right to obtain the access to the network，It also includes the right to obtain the right to enjoy the same legal rights in the number，Its purpose is to realize the number of social numbers。

(The author is a professor at the Institute of Data Law of China University of Political Science and Law)