数据权益司法保护

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专访最高法副院长贺小荣:加大数据权益司法保护力度,促推人工智能为民、向善、守法
21世纪经济报道· 2025-03-07 05:21
Core Viewpoint - The article emphasizes the importance of algorithm regulation in the context of new employment forms, highlighting the need to protect workers' rights while promoting the healthy development of the platform economy [1][4][5]. Group 1: New Employment Forms - New employment forms have become a significant employment reservoir, with 84 million workers engaged in these roles, accounting for 21% of the total workforce in China [4][5]. - The Supreme People's Court is actively working to establish legal frameworks that recognize and protect the rights of workers in new employment forms, ensuring a balance between labor rights and platform economic growth [4][5][6]. Group 2: Algorithm Regulation - Algorithms are identified as a key technology in managing new employment, with their control level being a crucial factor in determining the legal relationship between platforms and workers [7][9]. - The Supreme People's Court has issued guidelines to ensure that algorithms used in labor management do not violate workers' rights, emphasizing the need for transparency and fairness in algorithmic decision-making [8][9]. Group 3: Legal Challenges and Solutions - The complexity of labor relations in new employment forms poses challenges in accurately determining the existence of labor relationships, which significantly impacts workers' rights [6][9]. - The court has introduced guiding cases to clarify the standards for recognizing labor relationships in new employment forms, aiming to unify the adjudication standards and protect workers' rights [5][6]. Group 4: Data Rights and Protection - The article discusses the increasing importance of data rights and judicial protection in the context of digital economy and artificial intelligence, highlighting the need for clear legal frameworks to address disputes arising from these technologies [12][13]. - The Supreme People's Court is committed to enhancing judicial protection of civil rights in the digital economy while supporting the development of new industries [13][14].