Research On The Rules Of Informed Consent For Personal Information Protection

In the digital era,while empowering economic and social development,personal information is also facing the problem of insufficient protection.To protect the rights and interests of personal information,the Personal Information Protection Law constructs the processing rules with "Informed consent" as the core,and the informed consent realize the transformation from principles to rules.On the other hand,informing and obtaining consent is not the only legal basis for handling personal information.The Personal Information Protection Law clearly stipulate the exceptions to the rules for informed consent,but do not distinguish between different information processors and information categories,so it is necessary to clarify the boundary of the application of the rules for informed consent on the basis of weighing multiple interests.From the perspective of institutional practice,as one of the legal bases of personal information processing,informing and obtaining consent from individuals has become a normal step for enterprises to practice the concept of compliance.At the same time,three major problems have been revealed in the practice of the rules for informed consent:first,the notification document produced by the information processor is not highly readable and does not allow the information subject to negotiate on the notification document,which makes it difficult to protect the information subject’s right to know;second,the information subject lacks enthusiasm in the face of frequent informed consent,and the information subject’s cognitive problems prevent him or her from giving rational consent;third,the inherent contradiction between full notification and simple and easy-to-understand,and the information of others involved in consent authorization,lead to the invalidity of the rules for informed consent.Through the study and analysis of the real-life dilemma of the rule of informed consent,it is easy to find that the root of the failure of the rules for informed consent lies in the unequal power status of information subjects and information processors.Based on the tripartite structure of indirect authorization of data,data trust has certain institutional advantages in enhancing the voice of data subjects and guaranteeing their informed consent.Under the UK data trust model,the independence of the third-party trust authority determines its neutral status that can be trusted,which is more feasible than the information trustee theory in the US.The information fiduciaries negotiate for the benefit of the principal and the data user,and can promote the efficient circulation and use of personal information while ensuring the realization of data subjects’ right to informed consent,and establish a good ecology for the protection and use of personal information.In the process of information authorization,the data trust model integrates the concepts of scenario-risk-oriented,tiered consent and dynamic consent,uses big data and artificial intelligence algorithms to customize personalized informed consent programs for data subjects,enhances the operability of rules for informed consent,and allows trust institutions to exercise the right to consent partially in place of data subjects’ frequent The trust institution will exercise the right of consent to partially replace the frequent consent of data subjects and improve the motivation and initiative of data subjects to give informed consent.After the authorized use of data,trust institutions should strengthen the regulation of personal data abuse,strictly limit the output of personal data,and ensure the security of personal data after consent and authorization.