Research On The Application Of Personal Information Consent Rules

The consent rule is the basis for the legitimacy and legality of personal information processing,and is a basic rule generally established in personal information protection legislation worldwide.Consent rules are restricted by the principles of lawfulness,fairness,and necessity,and are the personal information protection rules that any organization or individual should notify the information subject and obtain consent when processing personal information.However,in recent years,with the rapid development of the big data era,the dilemma that the consent rules cannot be effective in practice has led to more and more questions about the protection mode of the consent rules,and the legal status of the consent rules as personal information processing has been challenged..The focus of the problem is mainly that the traditional protection model of consent rules has gradually become a mere formality under the development of Internet digital technology,and it has not been able to exert effective results.Based on the above considerations,this article first summarizes the consent rules in the protection of personal information;secondly,it compares and analyzes the foreign laws,and compares the development path applicable to the consent rules in my country;and then elaborates and analyzes the reasons for the difficulties in the application of the consent rules;and finally Expansion of the solution to the dilemma of the application of consent rules Specifically,this article is divided into four chapters: Chapter One outlines the theoretical basis of consent rules.A detailed introduction to the basic connotation of personal information and the subject,method and normative principles targeted by the consent rules;Chapter Two mainly elaborates the comparative law investigation of the personal information consent rules,from the strict consent rules of the European Union and the free speech of the United States.Starting from the consent rules,the consent rules applicable to our country are obtained through comparison;Chapter 3,focusing on the basic links of personal information processing,respectively introduces the difficulties faced by the consent rules in the application and the analysis of the reasons.First,the formalization of the role of consent rules,that is,the information processor uses its advantages in information,resources and technology to adopt in the formulation of the privacy policy the reading comprehension level of the information subject,the obscure information collection focus,and the preset hegemonic clauses are adopted in the formulation of the privacy policy.Such methods have led to rigid privacy policies,making information subjects not free to express their intentions,and thus making the consent rules unable to exert effective results.The applicable dilemma is manifested in two aspects: the information subject’s right to choose and the right to know are weakened in real life;second,the consent rules restrict the freedom of information circulation,that is,the consent rules increase the cost of data processing and hinder the value of the secondary use of data.Realization,thereby affecting the development of the digital economy;third,the difficulty of remedying the rights of information subjects,leading to difficulties in protecting the rights of personal information infringement;Chapter four,research on the solutions to the application of consent rules.From the three aspects of value reshaping,standardization,and institutional supervision,to protect personal interests as the foundation,establish personal information classification and scenario mode,personal information anonymization,strengthen the obligation of notification,invert the burden of proof,and other specific specifications to achieve a special competent authority Comprehensive supervision.On the one hand,through value remodeling,the legitimacy of the consent rules is established to ensure the applicable security of personal information,and the reasonable use of the consent rules is used to build a bridge of balanced value between the protection and use of information;on the other hand,through Standardize,improve,and specifically solve the problems in the application of consent rules,use institutional supervision to ensure long-term operation,and maintain the security of personal information.