Informed Consent Rules In Personal Information Protection In Automated Decision-making Scenarios

The Personal Information Protection Law was officially implemented on November 1,2021,and the informed consent rules were formally established,so that the protection of personal information in the era of big data has a law to rely on,but there are still problems in the practice of the informed consent rule,such as the use of privacy policies by information processors to infringe on the information subject’s right to know,the compression of the space for the exercise of the consent right of the information subject,the right to obtain information and the right to use and re-use secondarily or even multiple times,and obtain greater benefits.Due to the strong position of the information processor and the weak position of the information subject,the information potential difference between the two has led to the infringement of the information subject’s right to know and the right to consent,which is incompatible with the benign development of personal information and economy and society in the era of big data,especially the emergence of the new crown pneumonia epidemic,the occurrence of personal information leakage incidents is endless,and the standardized application of informed consent rules in practice is of great significance to the protection of personal information.Regarding the application of informed consent rules in the protection of personal information,this article describes the following four aspects:The first part: This chapter is mainly to analyze the categories,attributes and legal basis of personal information,as well as the provisions of informed consent rules in law,and to analyze the definition of automated decision-making.Classify personal information based on the identifiability of personal information and the value behind personal information,and then state the reasons for the automatic decision-making of personal information based on the personality attributes and property attributes of personal information,and the theory of the right to self-determination of personal information and the theory of privacy are the legal basis for informed consent.The second part: This chapter mainly discusses the practical issues of informed consent rules in automated decision-making,first of all,the performance of the notification obligation is not compliant,mainly from the three aspects of omission of notification matters,single notification stage and defects in notification methods;secondly,the imperfection of the withdrawal of consent settings in automated decision-making,mainly from the aspects of information processors not setting withdrawal consent options or settings are relatively hidden.The third part: It is mainly the regulation of automated decision-making of personal information.First,I write about the protection of the information subject’s right to know.The content of the notification is rich and the methods of notification are diversified,and the information subject’s right to know the risk is guaranteed;then write if the right to consent is guaranteed,such as strengthening the validity of consent,formulating rules for the withdrawal and exercise of the right to consent,and giving the information subject the right to choose.The fourth part: It mainly writes about the application of the benefit exemption mechanism.First write about the necessity of the benefit exemption system,mainly from the perspective of the need for the reasonable use of personal information and for the public interest;then write the clear reasons for the benefit exemption under automated decision-making,such as the interest exemption in the public interest scenario and the interest exemption in the government data open scenario.