| In the 5G era,everything is a medium.With the innovation and upgrading of the technical aspects of information network reception,storage and dissemination,data has already penetrated into all social strata and fields.While information subjects are enjoying the benefits brought by the integration of big data information technology,it also brings inevitable risks and challenges to the protection of their personal information.Through a study of informed consent rules,we found that there are many problems in the digital economy,including insufficient protection of subjects right to know,lack of consent capacity,lack of general consent for secondary uses and high operational costs.We recommend maintaining the concept of the Data Protection Act and,based on the affirmation of its positive external impact on individuals,businesses and society,address the theoretical and practical dilemmas it faces.We propose possible safeguards in building perfect rules on informed consent along three dimensions: ensuring the right to information of data subjects,improving the effectiveness of their consent and reducing the costs arising from the operation of informed consent.The paper is separated into five parts.The first part is the introduction,which focus on the research significance of informed consent rules for personal information protection.Based on the current state of research at home and abroad,the results of previous research by domestic and foreign scientists in the field of personal data protection and the existing challenges are presented,and the research methodology and innovation points of this work are briefly outlined.The second part describes the content,origin,logic and rationale of the informed consent standards.This standard is based on the right of self-determination and the right to informed choice in relation to personal data.and finally,its justification is introduced,promoting the growth of economic interests of enterprises,and promoting the development of public interests of society.The last part introduces its justification,focusing on three aspects:safeguarding the personal rights and interests of information subjects,promoting the growth of enterprises’ economic interests,and promoting the development of public interests.The third part analyzes the limitations of the informed consent rule in the process of its operation.The main problems are that the right to information of information subjects is not fully guaranteed,the exercise of the right to consent of information subjects is restricted,and the cost of the informed consent rule is too high at present.The fourth part presents,analyses and compares the different approaches of the US and the European Union to personal data protection of data subjects,concluding that there are differences in legislative values,consent mechanisms for personal information protection,and specific measures adopted in accordance with realistic needs.By drawing on advanced governance experience from overseas and combining it with China’s specific situation,we aim to improve the informed consent rules.The fifth part proposes a feasible way to solve the dilemma of informed consent,firstly,by strengthening the obligation of information processors to inform and strengthening administrative supervision and industry self-regulation to protect the right to information of information subjects;secondly,in terms of improving the effectiveness of information subjects’ consent,we adopt the mechanisms of promoting the materialization of their consent,improving the effectiveness of privacy service terms,and building a mechanism combining continuous and effective information disclosure and dynamic consent to achieve the goal;finally,we reduce the operating costs of the rule through technical and cognitive paths. |
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