| Summary: | 碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 107 === The future development of artificial intelligence seems prosperous, however, the request of transparency and algorithmic accountability of automated decision-making on personal data attracts attention at the same time. EU’s general data protection regulation (GDPR) implemented in 2018 legislates rules concerning above-mentioned situations, and entails an important idea: right to explanation, which central arguments circumscribing on whether a data subject has a right to ask the data controller to provide explanations to the automated processing system itself, or to the decisions made by the mechanism. To build the right to explanation will be a great help to data subject to invoke other relevant rights, such as requesting human intervention, express opinions, contesting the decision, or to ask for remedies or to file a lawsuit when an unfair decision is made. Nevertheless, the right to explanation is not legislated in GDPR, and it occurs wildly discussions and criticism. The definition, range, disputes and practical predicaments about the right are explored in this article, and sequentially discussed if its core concepts could be applied to Taiwan’s current data protection laws.
The article discovered, Taiwan’s current data protection laws emphasis on the legality on obtaining the personal data, but ignore the accuracy and fairness after the date is obtained and analyzed with an automated processing system. In the meantime, the notification duty of data controller and right to be informed of data subject lack of providing related algorithmic information as well. Accordingly, this article discusses separately on 5 possible approaches which can be applied to Taiwan’s data protection law, including the right not to be a subject to automated decision-making system, notification duty and right to access to data, explanation on specific decisions, algorithm-centered safety protection measures in design, enhancing the third parties’ capacities to support, and suggests some adjustments, to strengthen the protection of personal data when facing the upcoming artificial intelligent era.
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