The challenge and governance path of generative artificial intelligence to personal information protection
Wan Meixiu
Law School, Nanchang University
Abstract： Generative artificial intelligence technology represented by ChatGPT has brought disruptive changes to all walks of life, but also triggered personal information infringement crises such as personal information disclosure, algorithmic bias, and false information dissemination. The traditional "right protection-based" path overly emphasizes personal information protection and hinders the development of the artificial intelligence industry. The "risk prevention-based" path highlights the rational use value of personal information and is better in value selection. However,only by governing together with right protection and risk protection can we achieve a balance of interests and establish a long-term protection mechanism for personal information. In terms of personal information processing rules, the rigid and strict informed consent rules should be replaced by the "weak consent" rule; in terms of purpose limitation principles, the "purpose limitation" principle should be replaced by the "risk limitation"; in terms of personal information minimization principles, the "purpose minimization" principle should be replaced by the "risk minimization". On this basis, we should further strengthen the compliance supervision of generative artificial intelligence data sources, improve the transparency and interpretability of algorithms, and strengthen the standardization of scientific and technological ethics and the investigation of tort liability.
Key words : generative AI；ChatGPT；personal information protection；governance path
