Research On Informed Consent Rules In Personal Information Protection In The Era Of Big Data

The "Personal Information Protection Law",which was officially implemented on November 1,2021,is the first special legislation in the field of personal information in China,marking the beginning of the special legislation in the field of personal information protection in China.The informed consent rule in personal information protection serves as an "imperial rule" to regulate the collection and use of information,and plays a role in protecting citizens’ legitimate rights.With the development of the information age,the behavior of collecting and using personal information is becoming increasingly diverse and modern.At the same time,the amount of personal information has shown exponential growth.Information processors’ illegal and excessive collection and use of personal information is increasing.The rules of informed consent are virtually non-existent,and seemingly scientific rules of informed consent have not played an ideal role.Specifically,there are many problems such as the high cost of applying the informed consent rule,and the difficulty of reusing the informed consent rule.The informed consent rule faces many of the above dilemmas in the protection of personal information,and it is necessary to respond to whether to continue to apply the rule.The effective implementation of the informed consent rule is the basis for protecting personal information,and adhering to the informed consent rule has legitimacy.The most basic requirement for the continued application of this rule comes from the theory of information self-determination,which requires the maintenance of citizens’ personal dignity and the right to information self-determination.At the same time,the theory of information asymmetry requires the protection of disadvantaged information subjects.The theory of information privacy requires that the rule pay attention to the privacy attribute of personal information.The above two theories provide a theoretical basis for the continued application of the informed consent rule.Adhering to the original legislative intent of the Personal Information Protection Law,by summarizing the representative views of scholars,aiming at the application difficulties faced by the informed consent rule,combining foreign protection experience and China’s national conditions,from improving the content of the informed consent rule,reducing the costs arising from the application of the informed consent rule,implementing the obligation of information processors to inform,improving the judicial relief system for personal information protection Building a mechanism that combines continuous information disclosure and dynamic consent provides scientific protection paths for optimizing and improving informed consent rules.