Construction Of Informed Consent Mechanism For Railway Passenger Information Collection And Use

As an important right of citizens’ personal information protection,the right to informed consent has been widely concerned in recent years.The personal information protection law especially emphasizes that the collection and use of personal information should be subject to the consent of the information subject,which fully reflects the importance of the right to informed consent.With the increasing litigation cases of personal information protection,some citizens begin to pay attention to their personal information.Protecting citizens’ right to informed consent is an important means to prevent information abuse,which is of great significance to this era and society.The railway transportation industry is no exception.With the economic development,the flow of people has increased significantly.As one of the important ways for people to travel,the train needs to collect and use a large number of passengers’ personal information in order to provide convenient services.As the collection of personal information by railway transportation enterprises is mainly concentrated in the ticket purchase stage,online ticket purchase has become popular and has become the ticket purchase method selected by the vast majority of passengers,the right to informed consent is the focus of this article.This paper mainly studies the protection of passengers’ right to informed consent in the process of collecting and using railway passengers’ personal information.The purpose of railway transportation enterprises is to collect and protect passengers’ legal right to use railway information,and to promote the legitimate development of railway transportation enterprises.Starting with the significance and background of the topic,research methods and the research status of the right of informed consent at home and abroad,this paper uses the methods of literature research and comparative analysis to understand the current dilemma and outlet direction of the right of informed consent by reading the current research status of legislation and scholars at home and abroad,so as to lay a theoretical foundation for the construction of the mechanism of passengers’ informed consent.The right of informed consent in the collection and use of railway passenger information is to introduce the concept of passenger’s right of informed consent,the obligation of railway transportation enterprises to inform,the importance of protecting passenger’s right of informed consent and the existing mechanism of protecting passenger’s right of informed consent through field research and empirical research.On the basis of understanding the general background of the right to informed consent,this part concretizes the passenger’s right to informed consent,analyzes the concepts of the passenger’s right to know and the right to consent,and discusses the importance of protecting the passenger’s right to informed consent.At present,the problems existing in the right to informed consent in the collection and use of railway passenger information are summarized through field research method and literature research method.There are some problems,such as insufficient notification content,single notification method,unable to effectively implement the right of self-determination,insufficient protection of passenger rights and so on.The existence of these problems is not conducive to the railway transportation industry to protect passenger personal information,which will cause many adverse consequences in the long run.This paper analyzes the causes of the problem of railway passenger information collection and use of the right of informed consent,and uses the normative research method to analyze the causes,including imperfect system regulations,lack of effective informed consent mechanism,insufficient judicial support,lack of regulatory effectiveness and weak awareness of passengers’ informed consent,which leads to the above problems.The author puts forward some suggestions on the problems existing in the current passenger’s right of informed consent,and improves the relevant laws and regulations;In the face of a single way of notification,advocate railway transportation enterprises to fulfill the obligation of notification in multiple ways;Put forward suggestions to protect passenger relief from the burden of proof and other aspects.Based on the national conditions and the actual development of the information subject,this paper summarizes and perfects the relevant provisions on the basis of the informed consent mechanism.