Research On Informed Consent In Personal Information Protection

Informed consent is one of the basic rules of personal information protection law,and its role in the rule system is just like the role of autonomy of will in civil law.It is now widely agreed that the subject’s meaning should be fully respected before personal information is processed.However,it is worth noting that there are still many disputes in the theoretical and practical circles about whether informed consent can effectively protect personal information,and whether the traditional informed consent rules can provide sufficient protection for the information subject,or whether there are already difficulties.On the one hand,the limited rationality of information subjects combined with the limitation of cognitive level leads to the "decision fatigue" of users due to the privacy policies of a large number of Internet platforms.On the other hand,due to the aggregation effect and other reasons,it is difficult for operators to fully anticipate the risks that information processing may bring in the context of big data.In addition,based on the reality,informed consent is in conflict with data circulation,and free transaction mode also has an impact on informed consent rules.Therefore,the existing information disclosure mechanism is difficult to guarantee the information subject’s right to know,resulting in the informed consent in some privacy clauses in name only.The research on the improvement of informed consent rules is a realistic problem to be solved urgently in China’s personal information protection system.This paper is divided into four parts.The first part starts from the basic theory of informed consent rules in the protection of personal information,introduces the basic theory of informed consent rules,mainly analyzes the concept of informed consent,the basis of private law and the analysis of the legitimacy of informed consent rules,mainly from the sociology of law,legal economics and information self-determination theory.The second part sorts out the realistic dilemmas of informed consent rules in personal information protection,such as the failure of informed consent and the absence of consent,and analyzes the causes of the dilemmas.The third part analyzes and compares different informed consent modes through comparative analysis,and then analyzes the references between substantive informed consent and formal informed consent modes,hoping to provide some enlightenment for the improvement of informed consent rules in China.The fourth part is mainly to the improvement of the informed consent rule in the protection of personal information,on the basis of analyzing the existing theoretical research and legislation,from other informed consent based on the analysis of the mode of rules of informed consent for review in our country,this part mainly expounds the reshaping of the personal information agreed rules,the measures should be taken,Including the perfection of informed consent,the perfection of consent,the improvement of informed consent mode and the judicial relief of violation of informed consent rules.