The Comparative Research On The "Informed--Consent" In The Protection Of Children’s Personal Information

As a "safety valve" for personal information protection,"informed consent" is the cornerstone of children’s personal information protection,but it also faces challenges in the digital age.Comparing and examining international and national legislations,children’s "informed consent" in the digital age faces conflicts between children’s independent participation rights and guardianship systems in the three dimensions of concept,rules and practice,the elimination of the role of "informed consent" by big data technology,The problem of confusion in international standards and obstruction of cross-border data flow.In the dimension of rules,comparing and analyzing the age restriction rules,age verification mechanisms,and consent verification rules in the legislation of major digital powers,it can be seen that the principled provisions of "informed consent" are transformed into regular provisions to prevent "informed consent".The key to the virtual effect;in the dimension of practice,through the discussion of typical international law enforcement cases and the US and European law enforcement practice standards,it can be seen that relevant law enforcement standards are becoming more and more strict,and extensive and strict age verification and verification consent will become the future international law enforcement.standard.The improvement and development of "informed consent" in the protection of children’s personal information in my country should be prospected from the three dimensions of concept,rules and practice,domestic legislation and international practice.In the dimension of concept,the key to balancing empowerment and protection in children’s "informed consent" is to set limited exceptions that can verify parental consent based on the premise of information classification,and at the same time,set up a data controller-based responsibility distribution method and clear lines A personalized evaluation mechanism based on rules;in the dimension of rules,the measure to prevent the effect of "informed consent" is to formulate special classification standards for children’s personal information,and on the premise to improve the compliance audit of children’s personal information protection At the same time,the scope of guardian’s "informed consent" is clarified on the premise of the distinction of network service content,and the technical standard for obtaining verifiable consent is clearly defined by the safe harbor model,so as to realize the refined design of the rule of children’s "informed consent" principle;The dimension of practice is to set up a special official agency for the protection of children’s personal information and a third-party compliance audit agency,so that children’s "informed consent" can be effectively implemented and protected in practice.At the same time,use China’s international discourse power to actively promote bilateral or multilateral arrangements on cross-border flow of children’s data,and participate in international cooperation on cross-border data flow related to children,so as to promote the establishment of international unified standards and improve the data compliance level of Chinese enterprises going overseas.,to promote the orderly development and overall progress of the industry.