The Application and Development of the Principle of Equality in Algorithmic Discrimination

The advent of the algorithmic era has brought significant changes and impacts to our lives. While algorithmic technologies have improved production efficiency and the speed of information dissemination, they have also raised growing concerns about algorithmic discrimination. Phenomena such as "big data discrimination" and recruitment algorithms unfairly screening candidates based on gender or race have become widespread in social life, hindering the realization of social justice and violating the fundamental values of law. To effectively prevent and remedy the harms caused by algorithmic discrimination, the establishment of a corresponding legal framework is of utmost importance. In this process, whether the concept and content of the traditional principle of equality can reasonably delineate the boundaries of algorithmic discrimination and provide effective remedies remains insufficiently discussed. An examination of the principle of equality and its applicability to algorithmic discrimination reveals that algorithmic discrimination possesses distinct characteristics compared to traditional forms of discrimination and cannot be fully addressed through conventional equality frameworks. Addressing algorithmic discrimination under the equality principle requires new forms of legal intervention. In this regard, incorporating the rights to algorithmic interpretation and algorithmic transparency into regulatory mechanisms offers a promising approach to mitigating algorithmic discrimination and upholding the principle of equality.