Research On The Application Of The Principle Of Informed Consent In The Protection Of Personal Information

Under the circumstance of the big data,the value of personal information is increasingly prominent.The development of the Internet has enabled many companies to directly access a large amount of personal information,which has also led to the abuse of personal information.In the protected information of the traditional personal information,the principle of informed consent is reflected in the legislation of different countries.When this principle first appeared,the use of data has not yet reached the current breadth and depth,thus the principle of informed consent is able to figure out the problem of information exchange within the scope of small data.However,when we enter the era of big data,the amount of information is exploding and users are exponentially increasing,while the principle of the informed consent faces many difficulties in the application process:Changes in the external environment have made it more difficult to obtain consent.The establishment of a strict consent system will hinder the use of big data.At the same time,the current judicial environment in China is not conducive to the relief of personal information rights violations.The reasons for the difficulty in applying the principle of informed consent are mainly due to the following two aspects: on the one hand,at the legislative level,the principle of informed consent is not enough.the basic category of personal information is difficult to define,and the current law does not protect personal information;The application aspect lacks operability,is too complicated,and increases the application cost.The promulgation of the European Union’s General Data Protection Regulation(GDPR)has affected the world.The Regulation sets a new benchmark for personal information protection and provides a model for China’s personal data protection.In this context,based on the lack of actual effect of the principle of informed consent in the application of Chinese law,it should be adjusted as soon as possible,otherwise it will affect the development of the data industry.Therefore,in the future legislative design of our country,we should reflect on the applicable experience within and outside the domain,and put forward the perfect measures of the principle of informed consent,so that the principle of informed consent is practical and effective in practice.