The Application And Perfection Of The Principle Of Informed Consent

With the rapid development of the Internet,there are abundant forms of network services,and the information flow is producing and transmitting at an unprecedented speed.As an important principle of personal information protection,the principle of informed consent has been recognized by the legislation of various countries.In China,the principle of informed consent is mainly embodied in the "PRC Cyber Security Law" Article 41.,the same provisions have also appeared in the " Law of the PRC on the Protection of the Rights and Interests of Consumers" and other 23 laws and regulations.However,because the content of this clause is too principled,it needs the judge to explain the concept with a heavy work in the concrete application process,which reduces the certainty of the rules,and at the same time,there are some problems such as litigation.Based on the problems existing in the application of the principle of informed consent,this paper divides the principle of informed consent into two parts: informed consent and consent.On this basis,a typological approach is adopted to further clarify the manner and scope of information and consent.In view of the limitations of the application of the principle of informed consent,this paper reviews the experience of extraterritorial legislation and proposes that the rules of informed consent can be constructed by five criteria of hierarchical decision There are three ways to construct the rule of consent: to introduce the optional mechanism of consent,to establish the level of consent centered on the category of automated collection tools,and to enrich the forms of consent In the end,the application standard of the informed consent principle is further improved by giving examples of specific application scenarios.