Research On The Legal Application Of Informed Consent Rules Of Personal Information

In the era of big data,the development of data economy relies on the analysis and integration of personal information,and the value of personal information is gradually highlighted.The contradiction between personal information protection and information development and utilization will be further deepened with the development of big data technology.As an important legal basis for personal information processing,the informed consent rule is of great significance to discuss issues related to its legal application.The author makes a comparative analysis of civil cases involving personal information infringement,and existing cases show that there is a lack of uniform standards for the application of informed consent rules in judicial practice.In judicial practice,the court pays more attention to whether the information processor’s notification to the information subject is compliant,pays less attention to the formal standard of the content,and pays more attention to the form of consent,neglects the content of consent,and integrates notification and consent.Therefore,under the background of the era of big data with the deepening analysis and utilization of personal information,this identification of different standards will not only lead to different judgments in the same case,but also can not really protect the full economic benefits of personal information within the framework of the legal system.This paper focuses on the exploration of the standards of full notification and effective consent,and discusses the applicable conditions and liability of informed consent rules.Article 14 and Article 17 of the Personal Information Protection Law for the first time stipulate the standard of notification and consent,but this provision relies too much on subjective understanding of the formal requirements.Therefore,this article first combs the connotation and application basis of the informed consent rule,and puts forward the application conditions of the informed consent rule.Secondly,based on the idea of information classification,according to different information classifications,explore the extent to which information processors need to inform in order to protect the information subject’s right to know,and the extent to which information subject consent is.Finally,it discusses the problem of liability form when there are multiple infringers in information sharing,and finally returns to the specific way of liability.In the author’s opinion,the application conditions of the informed consent rule are that the information in the case belongs to personal information and does not belong to the exception of the informed consent rule.The application standards of the informed consent rule are significant,clear,true and accurate notification and clear and voluntary consent.The way of liability of multi party information processors in violation of the informed consent rule is to eliminate the harm,eliminate the danger and compensate for the loss under a variety of liability forms.