Study On Consent Rules Of Personal Information Notification

The rule of informing consent is that the information processor can inform the information subject timely,clearly and explicitly when collecting and using the information,so that it can make the expression of consent authorization on the premise of being fully informed,and ensure the legality of the information processor’s behavior.The legislation of this rule is involved in the framework of personal information protection both at home and abroad,aiming at setting up a compulsory procedure to restrict the behavior of information handlers and protect the interests of information subjects.However,the problems existing in the application of the consent to inform rule are criticized,causing the academic circle to question the legitimacy of the consent to inform rule.There is a mismatch in the connection between the notification and consent rules transplanted from the traditional society and the use in the network society,which fails to reflect the difference between the physical space and the network space in the application of rules,and fails to achieve the dual value goal of personal information protection and utilization.Therefore,how to solve the dilemma in the rules of consent and improve the application of the rules has become the focus of academic attention at home and abroad.The first chapter of this paper mainly explains the basic connotation,normative performance,legal status and practical application of the consent notification rule.After understanding the basic content of the consent notification rule,it briefly describes the possible problems of the rule.The second chapter focuses on the analysis of the application of the consent to inform rule,mainly focusing on the effectiveness of the implementation of the rule,the cost and benefit issues and the subject of information in the application of the rule.By sorting out the problems and analyzing the causes,the problems in the application of the consent to inform rule are comprehensively grasped.The third chapter,on the basis of understanding the rules of consent,analyzes the shortcomings of the existing methods to improve the rules,that is,it is difficult to realize the way of right regulation in practice,and the protection of the rights and interests of the information subject is insufficient.Scene confusion and inconsistency cause differentiation,lead to different legal practices,shake the authority of law;The unclear boundary in the thinking of classification leads to the confusion of consent stratification and increases the cost of rules.By analyzing the advantages and disadvantages of the improved methods,the optimization method proposed below is paved the way.On the basis of absorbing the original solution,the fourth chapter puts forward the methods to optimize the application of consent rule: precisely apply the interpretive method,clarify the connotation of consent,and facilitate the standardization and stratification of consent;Flexible application of behavioral regulation methods,make up for the deficiency of rights regulation,learn from the experience of information trust,build trust between information subject and information processor,and achieve the effect of reducing the cost of rules and meeting the requirements of rules on the basis of coordination of internal and external supervision;Through proper use of protection methods,cultivate the protection consciousness of the information subject,make the standard of "rational person" match with practice,solve the perceptual pattern dilemma of the information subject,unblock the channels of personal information protection,and provide appropriate methods for the relief of the information subject.To sum up,On the basis of clearly informing the dilemma of consent rule,this paper draws on the legislation and practical experience of personal information protection in European and American countries,and uses interpretive method,normative behavior method and improving relevant protection method to realize the value goal of dynamic protection and utilization of personal information.