The Dilemma And Outlet Of Informed Consent In App Personal Information Protection

Informed consent is the user’s voluntary consent to self-choice,and it is a manifestation of the domination of personal information.App users’ informed consent is mostly implemented on the Internet through App privacy policies.In fact,while App provides convenience to users,it also has a negative impact on personal information protection.Informed consent has little effect on the protection of personal information.Informed consent in App personal information protection is facing a dilemma.Based on the dilemma of informed consent for personal information protection in App,the author believes that a way out can be found from improving the relevant systems of informed consent and strengthening administrative supervision and industry self-regulation.The first chapter of this article analyzes the dilemma of informed consent in the protection of App personal information.The dilemma of informed consent is mainly concentrated in two aspects: on the one hand,the problem of informed consent as an authorization mechanism in the protection of App personal information,which is reflected in: the lack of consent ability of App users,the lack of consent function,the rising cost of consent,and the conflict between informed consent principle and data circulation.On the other hand,there are problems with informed consent as an exemption mechanism in the protection of App personal information,which are specifically reflected in the following aspects: informed consent is the basis for App platform to deal with the exemption of personal information,and there are still limitations on the exception provisions of informed consent.The second chapter of this article analyzes the reasons for this dilemma.On the one hand,the institutional provisions of the principle of informed consent in personal information protection are not perfect: the selection mechanism has become a safe haven for the App platform,personal information lacks categorization and distinction,privacy policy lacks unified standards,and the exception settings of informed consent still need to be optimized.On the other hand,administrative supervision and industry self-discipline are still insufficient.The third chapter of this paper seeks a solution to crack the dilemma of informed consent in App’s personal information protection.In terms of the improvement of the informed consent system,we insist on using the selection mechanism to refine the informed consent,set hierarchical consent for personal information,distinguish privacy policies of different industries to standardize them,establish the concept of privacy design protection into the development process of App.Optimizing the exceptions to the informed consent in the protection of personal information.In terms of strengthening industry supervision and industry self-regulation,it is necessary to perfect relevant laws and regulations,strictly enforce the law of network supervision departments and strengthen the self-regulation of App industry.