Author

Chen Jingyuan, Assistant Professor, Renmin University of China Law School; Research Fellow, Law and Technology Institute

Abstract

he widespread adoption of algorithmic automated decision-making systems by internet employment platforms has given rise to new social issues. Among existing countermeasures,the main solutions such as substantives rule adjustments like “algorithmic averaging” and the right to refuse solely automated decision-making still have limitations. Therefore,it is necessary to introduce“meaningful human oversight” as a general procedural obligation that internet employment platforms should fulfill when using algorithmic automated decision-making systems. In terms of legitimacy,“meaningful human oversight” serves as a procedural correction to the platform algorithmic power,possessing independent value in maintaining the collective values of the social community and human dignity. In terms of the content of the obligations,internet employment platforms should introduce meaningful human oversight throughout the entire lifecycle of the algorithmic automated decision-making processes,including preemptive general prohibitions,in-process procedural supervision and post-decision appeal mechanisms. In terms of mechanism construction,we can draw on the “gatekeeper” model to delineate the scope of eligible entities,establish dual legal consequences under public and private law,and incorporate the fulfillment of procedural obligations into algorithmic compliance auditing.

Keywords: platform employment ; algorithmic automated decision-making ; meaningful human oversight ; procedural justice