Research On Informed Consent In Personal Information Processing

In the era of big data with explosive growth of data,the demand for commercial use of personal information is becoming more and more extensive,and the mode of informed consent in personal information processing is facing difficulties.In the theoretical level,social cybernetics questions personal cybernetics.In the legal system level,the lack of information classification and civil accountability hinders the effective implementation of informed consent rules.In practice,the cost of informed consent is rising,the role of informed consent is changing,and absolute consent can not be achieved.In order to solve the current problems,the European Union has raised the standard of informed consent in the traditional mode.Although it is helpful to solve the dilemma,it still can not get out of the dilemma fundamentally.The United States has stepped out of the traditional framework,emphasized the concept of scenario and risk assessment,and reduced the information subject’s consent to supplementary rules.It has opened up a new idea to solve the dilemma of informed consent,but at the same time,it also brings new problems such as certainty of the application of law.By comparing and analyzing the different views of many scholars on the existence or abolition of informed consent and information classification authorization,this paper summarizes the similarities and differences in terms of informed consent and liability terms in different levels of legal norms in China,and by learning from the provisions of the European Union and the United States on informed consent,puts forward that the way out of the difficulties of informed consent in China’s personal information processing should stick to the independent value and balance the interests,different authorization standards are adopted for different types of personal information at different stages of information processing: If personal information is highly related to human dignity and great harm due to disclosure or improper use,explicit consent of the information subject should be obtained.If personal information is highly related to human dignity but less harm due to disclosure or improper use,or great harm due to disclosure or improper use but lowly related to human dignity,consent of the information subject should be obtained.If personal information is lowly related to human dignity and less harm due to leakage or improper use,the consent of the information subject is not required.However,no matter what type of personal information,if it is in the stage of providing and making public,the information processing subject should fulfill the obligation of special notice and ask for the consent of the information subject.