The Function And Position Of "Informed Consent" In The Crime Of Infringing Citizens’ Personal Information

In the era of big data,with the rapid development of information extraction and exchange technology,the realizability and economic value of citizens’ personal information has been increasing,which has led to frequent collection and excessive processing of information by enterprises,which in turn has led to the infringement of citizens’ personal rights and interests and the destruction of social order.As a rule of personal information processing established by the Personal Information Protection Law and other laws,"informed consent" not only stipulates the obligation of information processors to explain,but also gives information subjects the right to freely decide,which can restrain information processors from arbitrarily disposing of citizens’ personal information and other illegal behaviors,protect the right of self-determination of personal information of information subjects.The "Informed consent" is homogeneous with the victim’s consent,can be regarded as an exemption from the crime of infringement of personal information of citizens.,exclude the illegality of personal information processing behavior,and exempt or reduce the criminal responsibility of the information processor.As a new thing,"informed consent" inevitably has some problems in the application of criminal law,for example,the exemption of the statutory obligation to inform the impact of the consent of the information subject,"informed consent" is not unified criteria for judicial qualification,and so on.However,the incriminating effect of"informed consent" cannot be completely denied,and it is necessary to clarify the effective elements of "informed consent" as a cause of incrimination,to clarify the boundary of the incriminating effect of "informed consent It is necessary to clarify the effective elements of "informed consent" as a cause of incrimination,clarify the boundary of the incriminating effect of "informed consent",distinguish the special circumstances of "informed consent",that is,"secondary authorization",so as to provide reasonable application of "informed consent",accurately identify crimes and non-crimes,and achieve the compatibility of crime and punishment.In order to provide certain reference suggestions for the reasonable application of "informed consent",accurate determination of crime and decriminalization,and the adaptation of crime and punishment,and at the same time,to a certain extent,to protect the lawful and compliant acquisition and processing of citizens’ personal information by information processors from unlawful recourse,thus promoting the dynamic balance between the protection and circulation of citizens’ personal information.