| In the era of big data,the protection of citizen’s personal information is urgent,and personal information is closely related to the privacy of citizen’s individual,and at the same time,as an important social resource,it plays a pivotal role in promoting social and economic development.The principle of informed consent,as the cornerstone of personal information protection,is subject to the influence of traditional ideas and new economic models.It faces many difficulties in reality.It is not only unable to protect personal information,but also becomes a stumbling block to the development of data industry.The European Union formally implemented the General data Protection Regulation(GDPR)in May 2018,which is regarded as the most severe personal information protection law in history,and its provisions and perfection of the principle of informed consent have important reference significance for the legislation of our country.The perfection of the principle of informed consent in our country should uphold the basic spirit of protecting and utilizing effective synergy,and should not pursue formal absolutism but should be biased towards more concrete substance.In practice,the basic elements of consent and the burden of proof should be clearly defined,the diversified consent mechanism should be implemented on the premise of continuous disclosure of information,the exception of consent application should be stipulated to achieve the multi-party balance of interests,the collection and processing of information by independent regulatory bodies should be constructed,and the implementation of the principle of informed consent should be effectively guided and supervised.In addition to the introduction and conclusion,there are four parts in this paper.The first part is the introduction of the problem,through some cases in practice to the current existence of the principle of informed consent problems,and summed up the specific manifestations of these problems.The second part is first of all the concept of informed consent itself clear,combined with our tort liability law on the principle of informed consent in the medical field,that in the field of personal information protection consent itself should be free,fully informed,clear and specific.In the context of the development of privacy rights and personal information rights and the different ways of information processing under the new economic model,the author holds that the mechanism of informed consent should be developed and inclusive in the basic spirit of self-determination of personal information in the process of reform,so as to adapt tothe more diversified and complex development trend in the era of big data.In addition,some exceptions to the application of informed consent were proposed.The third part analyzes the trend of the development of the principle of informed consent abroad.On the one hand,the provision of the principle of informed consent strengthens the right of the information subject as a whole,which is reflected in the perfection and refinement of the right in the consent mechanism,as well as the relief of the right and the comprehensive supervision.On the other hand,in the specific mechanism,the scenario and risk oriented personal information protection mechanism has both protection and flexibility.All revealed a process from form to substance of the principle of informed consent.The fourth part combines an analysis of the issue of the principle of informed consent and the experience of external legislation.It is believed that the reform of the principle of informed consent in our country should uphold the basic spirit of protection and utilization,give more substantive rights to the information subject in practice,especially the right to know about personal information,and give more choices to the information subject through flexible mechanism,under the premise of clear basic elements of consent.in order to realize the function that the principle of informed consent should play in the era of big data. |
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