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Research On The Protection Of Consent Principle Of Personal Information Processing On Internet Platform

Posted on:2021-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X P ZhangFull Text:PDF
GTID:2416330602987858Subject:legal
Abstract/Summary:PDF Full Text Request
In today's society,with the rapid development and wide application of Internet big data technology,massive personal information is quickly collected,stored,analyzed,processed and reused by information processing subjects.At present,the Internet platform frequently authorizes and binds the right of claim for personal information.The security problem of illegal use of personal information is very prominent.The consent principle in traditional personal information processing is difficult to cope with the huge challenge brought by the development of the current era.Facing the increasingly severe situation of personal information security,China urgently needs to clarify the specific causes of the dilemma of the application of consent principle in judicial practice.On the basis of meeting the needs of social development,timely and effectively adjust,supplement,update and improve the relevant content of consent principle in personal information processing.This paper is divided into four parts.The first part is an overview of personal information and consent principle,introduces the specific content of personal information,discusses the specific connotation of consent principle and the main theoretical basis;the second part is mainly about the current situation of the development of consent principle in personal information processing in China,starting from the specific situation of legislative practice and the specific dilemma of judicial practice In this paper,the author summarizes and combs the contents of the articles that focus on the principle of personal information processing in the existing legislation.of our country,and discusses the specific cases in the judicial practice through the empirical analysis method,and probes into the specific causes of the application difficulties faced by the principle of consent in the current era development background,mainly from the difficulties in,meeting the conditions of effective consent,the high cost of application consent and the lack of The third part,through the comparative analysis law,compares the specific legal norms that:focus on the consent principle in the personal information processing in the extraterritorial legislation,taking the European Union and the United States as examples to study and draw on the effective experience measures,and based on the specific national conditions of China,investigates the introduction of the extraterritorial personal information protection norms into China The fourth part puts forward the concrete measures to improve the dilemma of the application of consent principle in personal information processing.Combined with the specific issues discussed in the second part and the effective measures of the EU and the United States in the third part,with the supplement and improvement of the content of the consent principle as the core,the specific content design of the consent principle is standardized,the effective consent mode of "four elements" is adopted,and the application scope of the consent principle is distinguished,the application of the consent principle is divided into stages and categories,and the consent principle is refined In order to better balance the relationship between effective protection and efficient use of personal information in the era of big data,we should establish independent information protection officers and conduct risk assessment of personal information.
Keywords/Search Tags:Personal information protection, Principle of consent, Layered consent, Information risk assessment
PDF Full Text Request
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