Research On The Principle Of Informed Consent In Personal Information Protection

The principle of informed consent is the principle of "evergreen trees" for the current national information protection legislation.Its function is to standardize the collection and use behavior of information processing,to ensure the legitimate rights and interests of the information entity,so that the information main body and information processing Informed consent,reached a balance under this enforcement.However,due to the arrival of the big data era,the information technology has developed rapidly,and the number of personal information has rendered the exponential growth,and the principle of informed consent has also encountered the serious test of "consentials".On the one hand,the information subject has a lack of consent,and forced consent,there is a problem that the effect of "notice",resulting in the effect of informed consent;the other side,the strict informed consent of the legislation to give information processing It has brought huge social and economic costs,which in turn has a negative impact on the development of information industry and affects social welfare.Therefore,how to crack the principle of informed consent,the current applicable dilemma is the problem of we are unavoidable.In order to meet the requirements of the times,the United States and the European Union have made reform attempts in different directions in different directions in different directions,but they have not effectively crack the informed agreed to apply the difficulties.How to learn from these two pioneers,create the development of the times,scientific reasonable The principle of informed consent is not only the sound of personal information protection in my country,but also to promote the development of big data industry,helping my country to grab the opportunity in the data economy in the data economy.Based on the above ideas,this paper uses literature research,case analysis,comparative research,and other research methods,from the research background,it is expounded by summarizing the relevant views of the academic circles,and the personal point of view is eligible.At the same time,I understand the legal foundation of personal information and informed consent and find the theoretical basis for this article.For the legislative and judicial current status of the principle of informed consent,the cause of the information entity "I don’t know" is analyzed by the judgment case.On this basis,it is further explored that under the big data era,the informed consent system is facing an "Agree Dilemma" and the economic and social costs it brings.After analyzing the content of the ICAS,the current personal information protection legal system is concerned,organizing their respective legislative features and launch comparison,summarizing the informed agreement,analyzing the problems,and helping the future theoretical innovation,clear development trend.Finally,standing in the informed consent criteria to ensure the information rights of information principles and respect the two angles of information subject awareness autonomous self-governing,and the specific application to the principle of informed consent,propose countermeasures,from the distinction "consent" and "separate consent",clarify the relationship between the two Unframed,build a hierarchical consent system containing the rejection mechanism,and introduce the exemption mechanism to inform the consent to improve the informed consent of the information subject.