| The arrival of the era of big data greatly enriches and facilitates people’s lives.But at the same time,personal information protection is also facing great challenges.Informed consent was originally a common principle in the personal information protection laws of various countries in the world,which is used to balance and balance the information collectors who are in a strong position in the circulation of personal information and protect the personal information rights of the information subjects from infringement.In practice,the informed consent principle has a dilemma.On the one hand,the information subject has insufficient cognition of the consequences of consent to personal information,or although the information subject is informed of the relevant content,it does not achieve effective understanding.On the other hand,if the principle of informed consent is strictly implemented,it will cause great economic and social costs,which will limit the development of information industry and affect social progress.Therefore,how to solve the "consent dilemma" has become an unavoidable problem.How does the information controller inform the information subject to enhance the validity of consent? How does the information subject make the true meaning representation? All these problems require in-depth research on the principle of informed consent,so as to balance the contradiction between the protection of personal information rights and the development of the information industry,and optimize the allocation of rights and obligations between the information subject and the information collector.This paper mainly adopts literature analysis,comparative analysis,empirical analysis and other research methods,first of all,the definition,origin,informed consent of the legal basis for a simple comb,then analyze difficulties facing the principle of informed consent,and as a basis,the formation causes of the dilemma of "agree" analysis,then compared the forefront of foreign personal information protection theory and content of our country has promulgated relevant laws and regulations,trying to find a solution to the plight of informed consent and experience for reference and roads;Finally,by summarizing the existing legal theory research and legislative practice,the concept of continuous disclosure is introduced to promote the more refined development of personal information protection.At the same time,the mode of "paid disapproval" is discussed in order to give consideration to various interests.In terms of the distribution of the burden of proof,the distribution of the burden of proof to the information collector is conducive to the information subject to actively safeguard their personal information rights and resolve disputes. |
