中国法上人工智能对个人信息自决权的挑战及其应对

Abstract

The advancement of artificial intelligence (AI) technologies and the expansion of their applications have highlighted the need for new regulatory frameworks in the field of personal data protection. This necessity arises from the fact that AI systems, which rely on vast datasets to perform automated decision-making, may substantially undermine the right to informational self-determination. Legal challenges emerge at every stage of data processing —from collection to utilization—and existing norms are increasingly inadequate in addressing the complexities posed by AI. In the development phase, the legality of data collection and usage becomes a critical issue. In the application phase, the core concern is whether data subjects can meaningfully exercise their rights, such as access, explanation, and erasure. However, China’s current personal data protection regime was primarily designed for traditional data processing environments and thus struggles to effectively respond to the novel legal issues introduced by AI technologies. Accordingly, there is a pressing need to establish new regulatory principles and redesign oversight mechanisms that can ensure the effective protection of data subjects’ rights. Future legislation must aim to strike a careful balance—protecting personal data in a meaningful way without unduly hindering technological innovation.