Research On The Application Of The Informed Consent Rule In The APP Privacy Policy

With the advent of the era of big data,APP has ushered in an unprecedented development space,and at the same time,it has brought great network information security risks.The high-frequency use of APP makes the possibility of personal information accidents expand continuously,but at present,the informed consent rule in the privacy clause of mobile APP is not paid enough attention,and there are few official regulations on the abuse of informed consent rule by APP in China.In the face of complicated and lengthy privacy clauses of various apps,it is really difficult for users to really know their contents,and even never open the privacy clauses,let alone give effective consent.Faced with the urgent need of this reality,it is of practical significance to study how informed consent rules adapt to the background of digital society,find out the problems of informed consent rules in APP privacy clauses and regulate them,so as to find the best balance between the protection and utilization of personal information and effectively safeguard personal dignity and freedom while collecting and utilizing information.In the first part of this paper,the basic theory and legislative status of APP privacy terms are sorted out,and the characteristics of the application of informed consent rules to APP privacy terms are analyzed compared with bioethics and medical fields.At the same time,combined with judicial cases and relevant provisions in the Civil Code,this paper analyzes the nature of "consent" in informed consent rules,and on this basis,explores the causes of disputes over the retention or abolition of informed consent rules,and reinterprets the legitimacy of informed consent rules in APP privacy clauses.In the second part,from the perspectives of the difficulty of searching,the way of viewing,the length of text,the prompt of change,and the withdrawal of consent,a sample analysis of 36 APP privacy clauses in 12 categories is made,and the dilemma of the application of informed consent rules in APP privacy clauses is deeply explored.Specifically,APP users’ right to know is difficult to implement;The user’s consent right is overhead,the cost of informed consent in APP privacy terms is high,and the informed consent rules in APP privacy terms are abused.The third part focuses on the reference of foreign experience.This chapter selects the representative countries and regions outside the region-European Union,the United States and Japan,studies the relevant legislation and protection modes of informed consent rules in the protection of personal information in these three places,and makes an analysis and summary,so as to find useful experiences for our country to learn from.Among them,the relevant provisions of the EU informed consent rules show strict characteristics,which are embodied in the relevant provisions of the General Data Protection Regulations promulgated in 2018,while the United States has a high degree of freedom in the legislative logic of informed consent rules,while Japan has formed a balanced regulatory path on the basis of actively absorbing international norms and international regulatory standards.The fourth part puts forward suggestions to solve the dilemma of application of informed consent rules in APP privacy terms,which are embodied in four aspects: First,define the notification standard of APP privacy terms,including adopting the double version mode of privacy terms,standardizing the access to privacy terms,and defining the notification items and forms of privacy terms;Secondly,from two aspects of voluntariness and clarity,the validity of consent in APP privacy terms should be enhanced,such as setting layered consent of APP privacy terms,allowing users to withdraw their consent to APP privacy terms,restricting bundled consent,etc.Third,it is necessary to correctly position the value of informed consent rules in APP privacy terms,and incorporate privacy enhancement technology and privacy protection design concept into APP privacy terms to reduce the application cost of informed consent rules;Fourthly,it is necessary to establish an integrated national supervision system of prevention beforehand,supervision in the process and accountability afterwards,so as to give full play to the autonomous role of industry self-discipline.Through the above research on the application of informed consent rules in APP privacy terms,this paper tries to find the best balance point of multiple interests in the application of informed consent rules through ingenious system design,and realize the effective use of personal information on the basis of protecting users’ rights.