Research On The Principle Of Informed Consent In Personal Information Protection

Personal information is an important part of big data,and its abuse is common,even can cause a series of serious consequences.In the traditional legal framework of personal information protection,the principle of informed consent has been widely adopted in the legislation of various countries.This principle refers to that when the information controllers need to collect,process and utilize the information,they must base on the prior knowledge and consent of the information subject.At the beginning of the establishment of this principle,information technology has not developed to the present level,information exchange is only carried out in a small scope,and the ability of data analysis and value mining is far from comparable with the present.Therefore,in different situations of personal information protection,the principle of informed consent can not play the desired effect.At present,the principle of informed consent encounters many difficulties in its application:the cost of consent of information subjects and consent of information controllers is increasing;due to the existence of objective factors such as information asymmetry and technology asymmetry,information subjects lack a clear understanding of consent decisions and do not have the ability to consent when they make consent;under the free service business model,information is increasing.The validity of subject's consent has been weakened;the practice of requiring subject's knowledge and consent in information collection and utilization has hindered data circulation to a certain extent;the development of big data technology and the demand for deep information mining hide the damage to personal information rights and interests;the concrete system design of the principle of informed consent at present is difficult to respond to the right relief when personal information suffers losses.Appeals.The reasons for the plight of applying the principle of informed consent come from many aspects:firstly,the principle of informed consent is insufficient at the legislative level,the civil law is insufficient to protect the right of personal information,and the current law ignores the protection of the legal interests of personal information;secondly,the specific rules of the principle of informed consent are not operational enough,too cumbersome and increase the cost of application;finally,it is subject to the social circle of our country.The impact of environment and science and technology environment,people have long neglected the protection of personal information,but also to the informed consent principle related rules application is not smooth.As a basic principle throughout the whole process of personal information collection.processing and utilization,informed consent has its necessity and legitimacy.In view of the fact that the implementation effect of relevant rules of informed consent principle is not obvious,if it is not adjusted,it may restrict the development of data industry,and even aggravate the contradiction between industrial development and the protection of the rights and interests of information subjects.Therefore,it is necessary to explore the idea of perfecting the specific rules of informed consent principle,to realize the original design intention of the principle,and to promote the balance between industrial development and personal information protection.The future legislative design should reflect on the relevant design of the original informed consent principle,introduce the concept of continuous disclosure,and make more reasonable and refined design according to the new data environment.At the same time,it affirms the existence of the"payment disagreement" model,which is parallel to the current free model,in order to take into account the interests of multiple parties.In all links of personal information protection design,the information subject is at a disadvantage.When damage occurs,the more profitable and more capable party should provide evidence.The inversion of burden of proof method can balance the differences of proof ability between the two sides and speed up the process of dispute resolution.