Thoughts On The Rules Of Informed Consent In The Protection Of Personal Information

The commercialization of the fifth generation communication technology(5G)represents a faster channel for the digitalization and informationization of modern society.The rapid dissemination of all kinds of information using the Internet and their rational use are important forces that promote social progress and economic growth.Informed consent rules are users' consent to self-selection,which is a manifestation of personal information control.However,while the Internet provides convenience to individuals,it also has an adverse impact on the legitimate rights and interests of individuals.The privacy clause serves as the carrier of informed consent,and the company uses the form of the privacy clause to inform users how the company collects and uses this information.Individuals can judge whether to use it by reading the privacy clause.The current method of consent,without exception,adopts a "package" consent method,which has little effect on the protection of personal information.The quality of privacy policy is an important means to balance,use personal information and effective protection.However,the privacy clauses are difficult to understand,the content is lengthy,or they have to be used.The user lacks the read of the privacy clauses,which leads to the violation of the user's informed consent,which also makes the privacy clauses formal and does not play a real role.Based on the inadequacy of the informed consent rules in the context of a digital society,the author thinks that it is important to give enough flexibility to improve the system of informed consent,so as to change the previous "package" of consent,mainly in the form of continuous disclosure and dynamic consent,supplemented by mandatory reminders and hierarchical consent,and formulate general privacy clauses,so as to make informed consent adapt to the development of digital society exhibition.This article discusses the rules of informed consent for personal information from four aspects,and demonstrates in combination with privacy policy.The first part: mainly includes two aspects,one is to analyze the typical referee cases in practice;the other is to analyze the case to draw the dilemma of informed consent rules in the digital society.The second part: mainly analyzes the definition and classification of personal information.According to the relevant characteristics of personal information and combined with the digital age,personal information is divided into sensitive information and general information.The status of the principle of informed consentin the protection of personal information is also discussed under this category.The third part: mainly combines the context of the digital society to analyze the new challenges brought by the principle of informed consent in the modern enterprise Internet privacy policy,that is,more difficult to obtain consent,the role of consent is weakened,the helplessness of consent,the expansion of consent,and the tragedy of consent.The fourth part: mainly thinking about the construction of informed consent rules,through the failure of the informed consent rules in real life,a proposal to improve the informed consent rules was put forward.