On The Application Of The Principle Of Informed Consent In The Protection Of Personal Information

In the era of big data,the economic value of personal information has been increasingly highlighted.Driven by economic interests,business entities are constantly challenging the boundary of personal information protection.Achieving a balance between the protection and utilization of personal information has become an urgent problem that need to be solved.The traditional protection system based on the principle of informed consent is gradually out of date in terms of the technical impact of big data.Some scholars also put forward a negative view on the principle of informed consent.However,the dilemmas encountered by the principle of informed consent cannot be a reason for its rejection.Through argumentation,we could find that the justification of the principle of informed consent cannot be ignored.Meanwhile,the specific application of the principle of informed consent needs to keep pace with the times.This paper draws on the innovative protection theory of the European Union and the United States,with a view to renovating the old and inappropriate analytic rules.Through classifying the types of personal information,refining the applicable rules of the principle of informed consent,the commercial subjects' demands for the use of personal information data could be met on the basis of the autonomy of personal information is effectively protected.The main content of this paper consists of four chapters:The first chapter is the legislative status of the principle of informed consent.The author researches and sorts out the relevant legal documents concerning the principle of informed consent in the protection of personal information,then finds that the principle of informed consent is an important manifestation in domestic and foreign legislation.It is one of the important cornerstones of the personal information protection system.The second chapter is the practical dilemma of the principle of informed consent.The author collects relevant judicial cases and social hot events from internet.The analysis of these cases proves that the principle of informed consent is facing many difficulties in practice.The main problem stems from the fact that the existing applicable rules are no longer suitable for the needs of the new technology development.The third chapter is the justification of the principle of informed consent.The author first sorts out the scholars' doubts about the principle of informed consent.Then,through the theoretical analysis,re-establishes the justification basis of the principle of informed consent in the protection of personal information.The fourth chapter is the innovation of rule of informed consent principle.First,based on the theory of innovation protection system in Europe and America,the author proposes to reform the old protection concept in China.The classification of personal information should be attached great importance in order to match different consent rules.And the disclosure obligations of commercial entities need to be increased.Second,in the guidance of the innovative concept,the author proposes to reconstruct the rules of implied consent,and to establish specific rules and innovations such as the personal information exemption system.