On The Principle Of Informed Consent For Personal Information Protection

The logical chain of the principle of informed consent is that the information processor clearly notifies the information collection and use,and the information subject consents under the premise of full knowledge.Only at this time can the information processing be justified and legitimate.This principle has an important position in the traditional framework of personal information protection,and there are also a lot of legislation cases at home and abroad.The principle of informed consent checks and balances the information processor in the dominant position by setting mandatory procedures,and it emphasizes the information subject's right and ability to control their own information,which protects the personality interests to the greatest extent.However,in the era of data economy,the principle of informed consent has been questioned because it cannot effectively help information utilization and information protection to keep balance.In the age of big data,the data flow is accelerated and the way that data is used become more and more complex.As a result,the validity of notification and consent is difficult to be fully guaranteed,and even logical deviation appears.What's more,the "one-size-fits-all" mode of informed consent is not in line with economic considerations and can easily aggravate multiple conflicts of interest,which are not consistent with the original intention of the design of informed consent.How to perfect the principle of notification and consent and build a more reasonable and effective personal information protection system has become the focus of scholars at home and abroad.EU and the USA start the work of personal information protection much earlier than other countries,and they have rich legislative and practical experience.The European Union enacts the strictest and most complete legislation on the principle of informed consent,and it is an innovative pioneer in the field of personal information protection.However,American legislators pay more attention to the huge economic value brought by personal information and are relatively relaxed about the provisions of consent and consent.On the basis of drawing lessons from foreign experience,we should establish more reasonable and effective rules for the principle of informed consent based on the current situation of practice in China and the requirements of industrial development.Apart from the introduction and conclusion,this paper includes four parts:In the first part,I introduce the general theory of the informed consent principle in the field of personal information protection.The principle of informed consent is a personalized expression of autonomy of will in the field of personal information protection,which emphasizes the right and ability of information subjects to control their own information.However,with the continuous development of the data economy,the principle of informed consent has been queried in many ways.We must make it clear that the principle of informed consent is a necessary and inevitable choice of personal information protection,and its fundamental position is unshakable.The second part introduces the dilemma of the informed consent principle in practice of our country.The practical problems in Chinese industrial mainly include the following two aspects:one is that the effectiveness of notification and consent is difficult to achieve;the other is that the principle is applied too widely and has huge costs.Only by identifying and analyzing the problems can we construct more reasonable and effective informed consent rules.In the third part,the main idea is the reference of foreign experience.This chapter selects two representative countries and regions outside the region--EU and the USA in order to study their legislation and protection mode of the informed consent principle,and makes a summary to find something resultful that can be used in China.The fourth part is perfection of the applicable rules of informed consent.On the basic of understanding the practical difficulties faced by our country,this paper draws on the experience of EU and the USA and combines with the reality of China,and then propounds some suggestions on the rules perfection of informed consent from the perspectives of improving the effectiveness of informed consent and balancing the balance among different interests.