Research On Informed Consent Rules In Personal Information Protection

As an important principle in the protection of personal information,the informed consent rule plays a role in protecting personal information from infringement in this field.Informed consent is regarded as the core principle in domestic and foreign legislation,but with the development of the data age,cases and disputes caused by personal information leakage have emerged one after another,and the rules of informed consent have also suffered from the impact and challenges brought by the rapid development of the Internet and computers.Faced with issues such as incomplete fulfillment of obligations by information processors and lack of informed initiative by information subjects in the current informed consent rules,some scholars believe that there is no need for informed consent rules.However,as the cornerstone of protecting personal information,informed consent rules have their own significance,and the most important problem at present is how to improve on the basis of the original.This paper first focuses on the conceptual basis and theoretical significance of the application of informed consent rules,defines the connotation of informed consent,and demonstrates the necessity of the existence of informed consent rules from the aspects of legal basis and rule legitimacy.Based on the theory of information asymmetry and the theory of the right to self-determination of personal information,the rule of informed consent can ensure the control of information subjects over information,promote the stable development of enterprise economy,and protect the public interests of society.Based on theoretical analysis,the existing problems of informed consent rules in current personal information protection were analyzed.In the specific application,there are problems such as insufficient notification by the information processor,difficulty for the information subject to understand the notification text,and the reuse of the information without obtaining the consent of the information subject.In addition,the continued application of the original informed consent rule will increase the huge economic and social costs.By drawing on the relevant laws of the European Union and the United States,the author puts forward suggestions for improving the informed consent rule,first of all,the information processor should inform in a concise and accurate manner,reduce the time and energy for unnecessary reading of the notification text,and the regulatory authorities should also do a good job in supervision and management to ensure the full performance of the information processor’s notification obligation.Second,information subjects should strengthen their awareness of the protection of personal information,make full use of the right to know where personal information goes,and reduce the risk of information leakage.Through dynamic information disclosure and hierarchical protection mechanisms,constrain the behavior of information processors,fully protect information subjects’ control over personal information,and make informed consent rules effective.Finally,at the level of judicial remedies,it is necessary to establish rules for inverting the burden of proof and collective litigation mechanisms to reduce the litigation burden of information subjects and protect their enthusiasm for rights protection.In addition,the informed consent rule can no longer be applied to personal information used to safeguard the public interest and after anonymization,so as to better adapt to the development of the data age.