On The Principle Of Informed Consent Of Parties In Personal Information Collection

Personal information protection has always been the focus of legal research arou nd the world.Personal information collection,as the beginning of information process ing,is of great importance to personal information protection.As the core principle of personal information protection,the principle of informed consent is of fundamental significance.With the development of the information age,information collection tec hnology advances by leaps and bounds,and personal information leakage incidents oc cur frequently.The application of the principle of notification and consent has gradual ly exposed many problems.The principle of informed consent focuses on the prior permission of information collection and protects the personality rights and interests of the information subject.However,personal information in the context of big data is diversified and bears the commercial interests and social public interests of the information collector.Conflicts of interest,a single rigid informed consent principle has been unable to subject the parties to provide full protection for information,"informed" and "agree" formalized using make information subject not only lost the option in advance,the parties have to agree to the privacy of information collector pre-decided agreement,also deprived of information subjects afterwards relief rights of the parties,It has become an "umbrella" for information collectors to avoid responsibility,causing unbridled infringement of personal information.Secondly,the information asymmetry leads to the weak position of the information subject parties,weak legal awareness,insufficient ability to safeguard rights and provide evidence,and the lack of information supervision,which leads to the long-term protection of the personal information rights of the parties.Finally,the indiscriminate strict application of the principle of informed consent ignores the fact that the protection of personal information is subject to other rights and principles as well as the exception of laws and regulations,which to a certain extent also hinders the further exploration of economic value and social benefits.With the increasingly frequent flow of information,governments around the world have realized that the existing principle of inform and consent is difficult to meet the challenge of big data,and are looking for appropriate ways to regulate information collection behavior,so as to better protect the security of personal information.However,even if there are many problems and obstacles in the practical application,the principle of informed consent should still be used as the rational basis of personal information collection.Under the background of the rapid development of information economy,it is necessary to reflect and reconstruct it,so as to make the principle of informed consent play its role in practice rather than a mere formality and avoid rigid application.It can be improved from the following aspects: first,standardize the form of information collection;Secondly,strengthen the user party’s right of control;Thirdly,implement the tort relief and compensation system;Finally,strengthen the supervision and management of collectors.