Research On The Rules Of Informed Consent In Personal Information Protection

In the context of the era of big data,personal information is characterized by a large amount,complex content,and close connections.In order to strengthen the use of personal information,information processors continue to innovate the collection,storage,processing,and dissemination technologies of personal information.As a basic rule in the personal information protection system,the informed consent rule plays an important role in balancing the security of the subject’s information and the development needs of the data economy.There are deficiencies in the normative structure,inefficiency in the implementation of the rules,the informed consent rules in the privacy clauses are ineffective,the secondary use of information generally lacks consent,and the civil remedies for violations of the informed consent rules are insufficient.From the perspective of law and economics analysis,on the basis of fully studying and sorting out specific cases,it can be seen that the reasons for the dilemma of the application of the informed consent rule mainly include three aspects: First,the logical basis of the rule has shifted,and the informed consent rule has changed from“triggering”.The “rules” are shifted to “exemption rules”,making it from a “safety valve” for protecting personal information to a “reasonable reason” for infringing on the security of personal information;second,technological changes have led to the failure of institutional functions,and technological changes in the era of big data This makes the notification function and risk control function of the informed consent rule fail in practical application;third,the information sharing technology loopholes and overhead rules,the decentralized personal information ecosystem in the information age weakens the information subject’s knowledge and consent to the follow-up circulation of information.So that the rules of informed consent have been overridden.At the same time,looking at extraterritorial(EU and U.S.)regulations on personal information protection,it has become a consensus that the informed consent rule is the basic rule in the personal information protection system.Consent requirements,distinguish personal sensitive information from general personal information,and appropriately introduce risk scenario theory to improve my country’s personal information protection system.Under the guidance of the reasons behind the applicable dilemma and the inspiration of extraterritorial experience,the informed consent rules can be improved as follows: first,determine the content of the elements of the informed consent rules,and provide clear implementation standards for information processors and information subjects;second,according to specific scenarios Distinguish the applicable consent rules,improve the pre-emptive form of consent rules in privacy clauses,and regulate the secondary use of information to solve the crux of frequent information infringement cases in practice.Finally,by setting exemptions for the non-defaulting party’s derogation obligation in the privacy agreement,applying relatively moderate proof standards to the information subject,inverting the burden of proof,and playing the role of public interest litigation in personal information protection,the private law remedy of the informed consent rule is improved.Through the above improvement plan,coordinate the protection of the interests of information subjects and the realization of the interests of information processors.