Research On Informed Consent Rules In Personal Information Protection In The Era Of Big Data

As the "imperial rule" of personal information protection,the consent rule plays a protective role in preventing infringement in personal information processing.However,with the advent of the era of big data,the concept and technology of personal information utilization are changing with each passing day.The popularity of mobile Internet has suddenly expanded,and the scale of collection and utilization of personal information has increased exponentially,and information has become an indispensable data resource.Cases of unlimited information mining,illegal information abuse and infringement of personal information are also increasing.In terms of personal information protection,the informed consent rule has gradually become an effective method to evade responsibility.Under the background of big data,at the theoretical level: the basic theory of informed consent rules is questioned,and the scope of personal information to which informed consent rules apply is ambiguous;At the institutional level: the functions of the knowledge system,the consent system and the consent withdrawal system are impacted;On the practical level: when the right of informed consent of individuals is violated,the standards for the court to examine the obligations of information processors are inconsistent,and at the same time,it is difficult for individuals to bear the corresponding burden of proof because they cannot grasp the relevant evidence.However,the rule of informed consent still has its necessity,and China’s current personal information protection legislation still chooses to regard informed consent as the most basic legal reason for personal information processing.In the era of big data,the challenges faced by informed consent rules are essentially due to the rapid development of digital economy promoted by the progress of technical concepts,and the increasing legitimacy of the economic utilization of personal information,which leads to the gradual tilt of the balance of personal information protection towards the utilization of personal information.The voice of weakening informed consent rules to better develop digital economy is getting louder and louder.The original intention of personal information protection is to protect personal dignity.Relaxing the control of the use of personal information can easily lead to the abuse of personal information,resulting in personal personality degradation.Therefore,the rules of informed consent in the protection of personal information must strictly adhere to the bottom line,and adhere to the protection of personal rights and interests for improvement.The core of personal information protection is the protection of personal rights and interests.Informed consent rules should also hold the same value position and firmly safeguard personal information rights and interests.In the improvement of the specific elements of informed consent rules,expand the content of the right to know and innovate the form of informed consent to promote the materialization of informed system;Clear various forms of consent and reasonable scope of application,establish a clear consent withdrawal system to promote the consent system to more effectively protect the expression of personal true meaning;In the trial of personal infringement cases,the court should strictly examine whether the information processor has fully fulfilled the obligations set by the informed consent rule.In order to protect the vulnerable individuals,it is suggested to readjust the responsibility distribution in personal information infringement cases according to the principle of fairness and introduce the responsibility sharing and accountability mechanism.Through the above improvement scheme,the informed consent rule will be reshaped,and the weak individual side in the circulation of personal information will be more effectively protected.