The Improvement Of Consent Rules In Personal Information Processing

China has established a personal information protection system that consent is as the basis of personal information processing,the theoretical basis of consent derives from the protection of personal dignity and freedom.There is still a dispute about Whether to protect personal information in the form of rights at both theoretical and normative levels.The civil code,personality right(draft)establishes the legal protection for personal information,but the concept of personal information right is not used in the code.The research on the consent mainly focuses on the dispute of abolishment or reservation,but there is a lack of systematic research on the nature of consent,the scope of different information processing stages and the way of consent.Firstly,this paper distinguishes the concepts of authorization and consent,makes it clear that the consent of the information subject is a unilateral legal act,then we analyze the consent behavior in different legal relations,we establish the scope of application in different information processing stages.Lastly this paper compares the connotation and extension of express consent in different legal norms,clarifies the concept of express consent in the field of personal information.According to the above research,the author advocates improves the express consent for special information processing and the optional consent for general information processing.Apart from the introduction,the text is divided into four parts.The first part sorts out the normative expression of consent in the legal documents,we clarifiethe disputes on the confirmation and protection of the right of personal information at the theoretical and normative levels,This paper concretely demonstrates the right attribute dispute about personal information right in the academic circle,we think personal information right belongs to property right.The second part distinguishes the concepts and characteristics of authorization and consent in personal information protection,compares the consent of civil subjects in different legal relationships,we identify the consent of information subjects as a unilateral legal act.The third part divides the personal information processing behavior into the collection stage and the follow-up processing stage,and we discuss the application scope of effective consent in different stages.Due to the personality interest and the universality of information subjects,this paper holds the ideas that effective consent rules should be strictly applied in the collection stage.It is agreed that there is no applicable soil in the information follow-upprocessing stage,and deletion rights can be used to protect the interests of information subjects.The fourth part aims to improve the way of consent of information subject from two aspects of meaning element and expression element.By referring to the four elements of effective consent of GDPR and reflecting on the differentiation standard of consent method,we compared the connotation and extension of express consent in general provisions of civil law and personal information security standard,and advocated that the express consent of information subject should be applied to special information collection occasions,and the selective consent method should be adopted for general personal information.