Research On The Rules Of Informed Consent In Personal Information Protectio

In the field of personal information legal protection,informed consent rule as the legal basis for processing personal information has become a general consensus.This rule is intended to preserve the right of the individual to self-government and self-determination without being determined by others.With the wide application of big data,cloud computing and other information technologies,the collection and processing of personal information is becoming more convenient,complicated and diversified.While bringing a lot of convenience to network users,it also makes their personal information face a lot of risks.This not only faces the threat of illegal disclosure and use of users’ personal information,but also challenges the application of informed consent rules.Based on this,this paper takes three representative cases as the entry point to systematically analyze the informed consent rules in personal information protection in order to solve the above problems.Based on the retrieval of cases related to personal information protection,this paper summarizes and analyzes the judgments of similar cases,and summarizes the three main problems in such cases: the information processor is lazy in performing the notification obligation,the consent of the information subject is invalid,and the remedy for violation of informed consent is ineffective.In order to solve the above problems,first of all,after studying domestic and foreign literature,this paper believes that the difference in the identification of the nature of consent in informed consent will lead to the deviation in the application of consent rules,and its effective conditions will be interpreted differently.Therefore,it is necessary to define the nature of consent before discussing the rules of informed consent in detail.Explicit consent is a kind of expression of will and an extension of the principle of autonomy of will in the field of personal information protection.Secondly,it analyzes that effective notification is the basis of effective consent,and clarifies the content and form of notification.Then it analyzes the requirements of effective consent,namely,the ability to consent,voluntary consent,explicit consent,etc.Thirdly,it is clear that the liability for violating informed consent is too light and the cost of violating the law is low.Finally,it is proposed that,first,the fulfillment of information processing obligations should be clearly defined,and the contents and ways of the fulfillment of information processing obligations should be clearly specified,so as to provide guidance for the fulfillment of information processing obligations.Secondly,it is clear that the consent of the information subject should have five elements: freedom,specificity,knowledge,clarity and form.The third is to improve the judicial relief of violation of informed consent rules,mainly by adjusting the standard of proof and burden of proof,introducing punitive damages.