Research On The Consent Rules In The EU General Data Protection Regulations

In the era of big data,the mobility of data is increasing.The circulation and sharing of data have become a distinctive feature of today’s era,and it is moving forward at a faster pace.At the same time,the data subject’s control over personal data is weakened,and the problem of data security has gradually become a common concern.There is an urgent need to balance the protection of personal data rights and commercial use in the flow of data.This problem is not a specific problem for a particular country but a common problem in global cyberspace governance.The consent rules in the EU General Data Protection Regulations provide us with a programme to deal with the relationship between the protection of personal data rights and commercial use.The analysis of the rules themselves and their theoretical basis,internal reasons,rationality and limitations is conducive to perfecting the solution of balancing the relationship between the two,and it provides reference for the relevant legislative activities in China.To this end,the following research methods are used to study the consent rules in the EU General Data Protection Regulations.（1）Documentary research methods:reading data protection related works,with the help of the network to collect a large number of Chinese and foreign related literature.These literatures are studied and analyzed.These documents are mainly related articles in recent years,followed by some legal provisions and some news reports.（ⅱ）Comparative research methods:by comparing the consent rules in the EU General Data Protection Regulations with the consent rules in other countries’ data protection legislation,we find the differences between the two,explore the reasons behind them,find the deficiencies of the consent rules in the EU General Data Protection Regulations and explore their reference value to our legislation.（ⅲ）Empirical methods:the so-called empirical methods are methods of treating the implementation of the law as a social phenomenon and making sociological interpretations of those phenomena in accordance with the sociological model itself.In order to avoid limiting the observational vision to the legal rules themselves and ignoring a large number of social factors restricting the realization of the law,this paper intends to use case analysis,empirical investigation,data statistical analysis and other empirical analysis methods to further observe and analyze the reasons for the refinement of the consent rules in the EU General Data Protection Regulations,the limitations of the rules and the implementation of the domestic informed consent rules.（4）Behavioral Economics Analysis:Using some theories in behavioral economics,the internal causes of the dilemma of consent rules are analyzed from the perspective of individual and group behavior.In the research direction,it is different from most similar studies in China.This paper does not discuss the consent rules in personal information protection from a macro perspective,but is based on the specific consent rules in the EU GDPR.The emphasis is not on the existence and deprecation of the rule of consent in dispute,but on the basis of recognition of its existence,combing its basic composition,studying the measurement of interests behind the rule-making,and analyzing its rationality and limitations.In addition,this paper also analyzes the limitation and exclusion of consent rules,which are less studied in China.Through the research,it is found that the EU aims to promote the circulation of data and develop the digital economy under the premise of protecting the interests of data subjects.At the same time,the interests of the parties are sorted in certain circumstances.The rearrangement of the interests of the parties in certain circumstances constitutes a limitation and exclusion of the consent rule.In this way,the EU intends to balance the interests of data subjects with the commercial value of data,the public interest and the interests of other parties.As the world’s most stringent personal data protection law,the EU General Data Protection Regulation is the most centralized,perfect and relatively less lagging in a series of data protection bills outside the domain.In addition,from the current legislative situation of data protection in China,the law also recognizes the necessity of the existence of consent rules.Moreover,the small number of provisions of the Cyber Security Act on consent rules are consistent with some of the provisions of the consent rules in the General Data Protection Regulations of the European Union,in particular the principled and preconditional provisions.Therefore,its consent rules for China’s personal information related legislation reference value are self-evident.On the one hand,it can provide reference in the general direction for solving the problem of personal information protection and commercial use of information in China,on the other hand,analyzing the basic composition of the consent rule and exploring its rationality and limitations will also be helpful to the establishment of the specific content of the consent rule in China.