Study On The Rules Of Informed Consent In Personal Information Processing

With the advent of the big data era and the development of the Internet industry,the speed of information circulation is accelerating,and new requirements and challenges are posed for the protection of personal information.Informing consent rule has always occupied an important position in the field of personal information protection,playing a key role in promoting the circulation and rational use of information in social life,and the enacted Personal Information Protection Law stipulates informing consent rule as a basic rule in the protection of personal information.Therefore,the rule should be further improved to adapt to the development of the Internet era so that it can play an effective role in protection.Based on the Personal Information Protection Law,this paper studies informing consent rule,and tries to refine and improve the information processor’s obligation to notify and the information subject’s consent,hoping that the rules can further promote the secure flow and use of information in the context of big data.This paper defines personal information as information that can be used to locate a specific individual,such as name,identification number and biometric information,and classifies it,with the main classification being according to the sensitivity of the information,which is also the main classification adopted in the Personal Information Protection Law of China.The degree of protection for each type of personal information should be different,and informing consent rule should also be different,and the processor should fulfill a stricter obligation of notification if he needs to collect and use sensitive information.Informing consent rule is the basic basis for protecting the reasonable use of personal information,and is also an expression of autonomy and the right to informational self-determination,and its existence is indeed justified and necessary.After the implementation of the Personal Information Protection Law,it should be improved on the basis of the established rules of notification and consent,which can be distinguished into two parts: the rules of notification require the information processor to truthfully explain to the information subject the way and content of the information processing before implementing the processing act.Consent is a decision made by an information subject to allow his or her personal information to be collected and used according to his or her true will,so once consent is given,it means that the information processor can reasonably use his or her personal information within the scope of notification,which is also at the core of the notification consent rule.For the legal consequences of violating the rule of informing consent,if the result of damage is caused,it is an infringement of the rights and interests of personal information,and the information subject can either file a personality right request or request the infringer to bear the tort liability of damages to protect his or her legal rights and interests.