Mechanism of legal regulation of the recommendation technologies: conceptual foundations

The specificity of recommendation technologies lies in the fact that their impact is manifested predominantly not in a single act of publishing a specific informational material, but in the dynamic and cumulative formation of the user's informational environment. This necessitates considering the regulation of recommendation technologies (RT) through a system of interrelated means and procedures that ensure the verifiability and enforceability of regulatory requirements. Particular attention is paid to issues of ensuring respect for human autonomy and free will in the regulation mechanism of RT. The article proposes specific measures to improve the regulation of the obligations of platforms applying RT. The necessity of further developing a risk-oriented and preventive approach to the regulation of RT is justified, in which the object of legal assessment becomes not only the dissemination of specific illegal content but also the configuration of algorithmic systems themselves as a source of increased public danger. The article discusses the following components of the legal mechanism for regulating the application of RT: the legal mechanism for implementing the right to explanations of how algorithmic configurations work; the legal mechanism for implementing the "right to be forgotten"; the legal mechanism for implementing the right to non-discrimination by algorithms; the legal mechanism for ensuring the principle of transparency in the operation of RT; the role of Roskomnadzor in the legal regulation mechanism of RT. The specificity of recommendation technologies lies in the fact that their impact is manifested predominantly not in a single act of publishing a specific informational material, but in the dynamic and cumulative formation of the user's informational environment. This necessitates considering the regulation of recommendation technologies (RT) through a system of interrelated means and procedures that ensure the verifiability and enforceability of regulatory requirements. Particular attention is paid to issues of ensuring respect for human autonomy and free will in the regulation mechanism of RT. The article proposes specific measures to improve the regulation of the obligations of platforms applying RT. The necessity of further developing a risk-oriented and preventive approach to the regulation of RT is justified, in which the object of legal assessment becomes not only the dissemination of specific illegal content but also the configuration of algorithmic systems themselves as a source of increased public danger.