Research On Informed Consent Principle In Personal Information Protection

The rapid development of the Internet industry has spawned a huge online consumer market,and enterprises have collected personal information beyond the limit,laying a hidden risk for personal information leakage.As the core principle of personal information protection,the principle of informed consent has been included in the Civil Code of the People’s Republic of China and is also clearly stipulated in the latest Personal Information Protection Law.However,in practice,the rule encounters many problems,such as the dual nature of personal information and the alienation of the principle of consent,among which there are both structural problems and internal contradictions.Therefore,in order to broaden the thinking of solving problems and find the correct way to solve such problems,this paper sorts out the definition,legal basis and relevant cases of the principle of informed consent,and tries to standardize it under the framework of the Personal Information Protection Law.First of all,the connotation of the informed consent specification is clarified,and the standard clause regulation is used to test it to modify the logical basis of the rule.Second,set up a long-term disclosure mechanism,improve the information controller’s notification obligations and performance requirements,and fully protect the interests of non-breaching parties in the privacy agreement.Finally,through the introduction of the system of reversing the burden of proof,we will continue to improve the channels of judicial remedies,establish an information processing model in which all parties participate,and ensure the balance of interests between various entities.Introduce punitive damages,give play to the role of civil public interest litigation,and improve rights relief mechanisms.This article aims to solve the dilemma of the principle of informed consent in practice through the above ideas and fully protect the legitimate rights and interests of individuals.