Study On The Principle Of Informed Consent From The Perspective Of Personal Information Protection

In the era of big data,the demand for information by information industry is growing rapidly,and the protection of personal information is in a serious situation.However,the principle of informed consent has been questioned to be lack of validity and legitimacy.This article discusses the necessity of the principle of informed consent which is a better way to fully protect personal information to explain that China should also apply the principle of informed consent reasonably in current and future period.At the same time,the paper describes the legal basis of the civil law for the principle of informed consent.The author concludes that the right of personal information should be created under the theory of the personality right,and the right of self-determination of personal information in German law should be used in the thoery.The principle of informed consent should be strictly applied to personal information with strong personality correlation.The data should be used after the explicit consent of the information subject.As for personal information with weak personality correlation,it is presumed that the information industry is allowed to collect and process it by information subject by default.Therefore,the principle of informed consent is used to protect personal information and achieve the balance between the interests of the information industry and information subject.In addition to the introduction and conclusions,the article is divided into three chapters.The first chapter discusses the theoretical basis of the principle of informed consent,including the legislative policy,the scope of application and the basis of legitimacy.The author points out that the nature of the right of personal information belongs to personality right.The second chapter is about the status quo of the principle of informed consent,including the overview of domestic and foreign legislation.The author points out its practical dilemma and the obvious problems.For example,the principle is lack of legal support and humanity and there are disadvantages of proof in litigation.It also describes the advantages and necessity of the principle of informed consent.It embodies procedural justice,eliminates mental restlessness,and avoids the fuzzy definition of privacy.The third chapter describes the classification method of personal information,which is based on the strength of personality correlation.Based on the method,the author conclude the application requirement of the principle of informed consent.