نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، واحد رشت، دانشگاه آزاد اسلامی، رشت، ایران
2 دانشیار گروه حقوق خصوصی، دانشکدۀ ادبیات و علوم انسانی، دانشگاه ایلام
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
In recent decades, the rapid advancement of artificial intelligence (AI), particularly in the fields of big data analytics and machine learning, has led to the widespread adoption of recommender systems. The primary purpose of these systems is to analyze user behavior and preferences in order to provide personalized suggestions that enhance user experience and improve the efficiency and profitability of organizations. However, the extensive deployment of AI-based recommender systems has also given rise to a series of complex legal and ethical challenges. Among the most critical issues are the violation of user privacy through the uncontrolled collection and processing of personal data, algorithmic discrimination resulting from biased datasets, the opacity of automated decision-making processes, and the absence of a clear framework for accountability among developers, platform operators, and users. The primary aim of this research is to conduct a
Accountability and General Data Protection the Light Maryam Bahrekazemi
comprehensive analysis of the legal and ethical implications associated with the use of recommender systems and to propose legal and managerial strategies for promoting transparency, fairness, and accountability within these systems. The study seeks to strike a balance between technological innovation and the protection of fundamental human rights by integrating legal safeguards with ethical and organizational principles.
Methods
This study adopts a descriptive–analytical methodology. Data and materials were collected from a combination of academic research, industry reports, legal documents, and international ethical guidelines related to AI. In the first stage, the processes of data collection, storage, and analysis in recommender systems were examined to reveal how behavioral data are transformed into user profiles and used in automated decision-making. The second stage involves a document-based analysis of key legal instruments such as the General Data Protection Regulation (GDPR) of the European Union, the Personal Data Protection Act of Iran, and international ethical frameworks including the OECD Principles on Artificial Intelligence and the UNESCO Recommendation on the Ethics of AI. Furthermore, the study explores standards for explainable algorithms (Explainable AI), mechanisms for assessing algorithmic bias, and organizational accountability models. Special attention has been devoted to identifying key legal challenges—namely, the violation of privacy, algorithmic discrimination, lack of transparency in deep-learning models, and the absence of binding legal frameworks defining civil or criminal liability in cases of automated decision-making.
Results and Discussion
The findings indicate that although recommender systems significantly enhance user experience and organizational efficiency, they simultaneously pose serious threats to individual rights and social justice. One of the main findings concerns the massive dependence of these systems on data collection, often conducted without the user's informed consent, thereby violating the principle of autonomy and data self-determination. Moreover, the complexity of machine-learning algorithms often makes their decision-making processes opaque and incomprehensible, conflicting with the principle of transparency. Another key finding reveals that recommender systems can perpetuate or even amplify algorithmic discrimination. Certain groups of users may be systematically deprived of access to specific services or content based on demographic or behavioral factors, resulting in unfair treatment and social inequality. Such outcomes not only undermine distributive justice but also erode public trust in AI-driven technologies. From a legal perspective, the lack of coherent and enforceable regulations concerning the liability of organizations for harms caused by recommender systems represents a major challenge.
Volume 18, Issue 3, Autumn 2026
From a managerial standpoint, the study demonstrates that developing transparent legal frameworks, designing explainable and accountable algorithms, strengthening independent oversight mechanisms, and fostering a culture of organizational responsibility can substantially mitigate these risks. Training employees on AI ethics and implementing internal data protection policies are also identified as essential steps toward responsible system design. The results further highlight that the success of recommender systems does not depend solely on algorithmic precision or data analysis capability; rather, it is fundamentally linked to respect for user rights, structural transparency, and the ethical and legal accountability of organizations.
Conclusion
The study concludes that sustainable and trustworthy utilization of recommender systems requires the integration of legal, ethical, and managerial frameworks. Effective data protection laws, transparent algorithmic standards, continuous organizational education, and independent supervisory mechanisms are essential to ensure an optimal user experience, promote social justice, and reduce legal risks. Only through such a comprehensive and multi-dimensional approach can a balance between technological progress and human rights protection be maintained. Strengthening accountability and transparency mechanisms not only prevents recommender systems from becoming tools of discrimination or privacy violation but also enables them to serve as reliable, ethical, and socially beneficial instruments in the digital age. Ultimately, fostering user trust and ensuring algorithmic fairness will transform recommender systems into sustainable assets that contribute both to economic efficiency and to the promotion of human dignity in the digital ecosystem.
کلیدواژهها [English]
)