| The principle of informed consent is the most common principle for protecting the personal information of natural persons all over the world.It balances the unequal status between the two by forcing the information collector to perform the obligation of disclosure before collecting personal information.However,with the in-depth development of the digital economy,the principle of informed consent has faced many challenges in practice.First,the traditional principle of informed consent may destroy the balance between personal information protection and utilization;second,the system design of "all-in-one acceptance or rejection" objectively causes problems of high cost and low efficiency;finally,the information subject The lack of rational understanding of the consequences of giving consent,coupled with the fact that if you do not choose to consent,you cannot use the service normally,which leads to doubts about the validity of the meaning of "consent".In view of the above limitations,combined with the experience of extraterritorial system design,it can be improved in three ways.The first is guided by the idea of "multi-party balance",combined with national political,economic,cultural and other factors,to measure the interests of information subjects,information collectors and the government and make appropriate allocation of rights and interests,so as to take into account personal dignity and rational use of personal information.system design.The second is to optimize the methods of "notification" and "consent",that is,to differentiate and protect personal information based on the risk brought by information leakage,and no longer unilaterally focus on the control of personal information by information subjects,and pay more attention to information collection and processing.Consequences;at the same time,through the technical path,strengthen the protection of sensitive information and achieve the balance of the interests of all parties.The third is to set up a disclosure mechanism and a payment disagreement model.The long-term disclosure mechanism gives the information subject the right to know the processing and use of their personal information on a long-term basis,and the information collector’s obligation to inform is no longer a one-off,and should continue with the flow of information;correspondingly,the information subject should the consent is also multiple times.However,multiple consents are not equivalent to simple repetition,but the two parties make timely adjustments according to the object of information flow,the method of use,and the scope of use.The payment-disagreement model is to allow payment to be exchanged for a certain service,which can reduce the frequency of companies’ collection of citizens’ personal information to a certain extent.This model not only makes up for the loss of enterprises,but also avoids the problem of the obligation to inform when collecting citizens’ personal information,so that users and the platform are no longer in a state of unequal status. |
