The Principle Of Informed Consent In The Protection Of Personal Information

In recent years,the infringement of citizens' personal information is becoming more and more common,which makes the protection of personal information become the focus of people's concern.With the implementation of network security law of the People's Republic of China and other laws and regulations,the basic status of informed consent principle in the protection of personal information in China has been basically clarified,but China has not formulated a special personal information protection law.The protection of personal information has been studied by many experts and scholars in China,but most of them are based on the background of big data.In fact,the principle of informed consent is rooted in the value of autonomy and contains the thought of information self-determination.As the cornerstone of personal information protection,it determines its importance in the protection of personal information.At present,the research on informed consent principle in China is more about its application in the medical field.The plight of the personal information protection,at present is mainly due to the reduce the effectiveness of the agreed to information asymmetry,the information subject to a disclaimer of information control,information control beyond the scope of authorization to use personal information,secondary use general lack of information agree,the understanding of the information subject ability can't match information update speed and complexity,as well as the vacancy of legislation makes the personal information protection nowhere and controller for information of tort and default behavior,also lack of corresponding punishment.On the issue of personal information protection,give play to the role of the principle of informed consent,can use for reference the experience of the United States and the European Union legislation,classify the sensitive information and general information protection,a clear responsibility of information control,the other by regulating the privacy policy statement,clear purpose to collect and use information,prompting controllers of information collection,use and share information transparency,starting from the collection of personal information link to control risk,balanced information subject and the controller conflicts with the rights and interests protection and the use efficiency,improve the effectiveness of the information subject informed consent.