Legal Regulation of 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.