Study Of The Principle Of Informed Consent In The Protection Of Personal Information

In a E-information world,the thesis mainly studies the principle of informed consent under the perspective of personal information protection,analyzes the dilemma and root causes of the application of the principle of informed consent,and explores the optimization path of the application of the principle of informed consent.This paper is divided into four parts:The first part describes the concept of the principle of informed consent,mainly clarifies the concept of the principle of informed consent and personal information,explores its legislative expression,and analyzes the value of the principle of informed consent.In the context of the big data era,personal information has become a kind of asset with special attributes that can be transferred,but the protection of personal information is still weak.The principle of informed consent seems to be the sword of Damocles in personal information of information protection and balancing the interest relationship with information processors;the law has gradually improved the provisions of the principle of informed consent,affirming the status of the principle of informed consent at the legislative level and ensuring the realization of its value.The second part analyzes the problems that arise in the application of the principle of informed consent.Many information processors appear to have anonymized personal information,but in essence,they restore personal information for illegal use;the content of format clauses is formal and lacks specific regulations,including both the lack of special institutional supervision and standard regulations for testing format clauses,and information processors often set lengthy and difficult-to-understand terms.In addition,in the absence of a clear understanding of user agreements,it is difficult for information subjects to make judgments and true expressions of intent.The third part explores the reasons for the difficulties in applying the principle of informed consent.The reasons for the obstacles to the application of the principle of informed consent are mainly reflected in the increased negative externalities of the application of the principle of informed consent,the increased burden on information subjects and information processors,the additional informed consent clause will make the operating costs of information access increase and affect the motivation of information accessors to comply with the principle of informed consent;the protection of personal information conflicts with the interests of multiple parties such as public interest,economic interest,and the interests of information processors;in addition,the Under the impact of new information technology means,the principle of informed consent cannot maintain the same frequency with technology and cannot keep up with the development of information technology.Part IV explores the optimization of the application of the principle of informed consent in view of the dilemma of the application of the principle of informed consent.The application of the principle of informed consent should be optimized by drawing on relevant overseas legislation to optimize the protection of anonymized information;strengthening the supervision of format clauses provided by information processors,establishing special supervisory departments and testing standards for format clauses;ensuring the application of the principle of informed consent to ensure the true intention of information subjects,safeguarding their right to know and choose,focusing on the practical operability of the principle of informed consent,making the The application of the principle of informed consent should ensure that the information subject’s true intention is expressed,safeguard the information subject’s right to know and choose,focus on the practical operation of the principle of informed consent,make the consent clause specific,improve operability,and effectively achieve the goal(personal information protection).