Research On The Application Of Informed Consent Principle In Automated Decision Making On Network Platform

With the continuous improvement and rapid development of China’ s scientific and technological level,the network platform is based on citizens’ personal information resources,and helps individuals make decisions through sophisticated algorithms,saving people’s time and energy,and making the rhythm of human society enter the fast lane.However,the issue of personal information protection in the information age and the dilemma of applying the principle of informed consent have gradually emerged.The principle of informed consent is widely adopted within the traditional framework of personal information protection,which is based on human dignity and the right to self-determination of personal information as the legal basis,and requires information processors to fully inform information subjects in advance of how their information will be used and what results they will produce when collecting,processing,using,and transferring personal information of information subjects,and obtain their consent to the criteria for personal information processing.The establishment of any principle is a product of the times.In the past era of low-speed flow of information,the principle of informed consent has played a huge role in the security of personal information,people do not want to provide their own information can refuse to provide,there will be no impact on daily life,privacy infringement can also quickly lock down infringing subjects for rights protection,and the development of automated decision-making technology of network platforms in the data age has broken this calm.Although the Personal Information Protection Act clearly establishes the status of the principle of informed consent,it does not mean that the protection model of information security is " closed",and the misalignment between traditional concepts and actual backgrounds urgently needs to be adjusted,so it is necessary to explore the future way out of the principle of informed consent under new circumstances.To get out of the dilemma of the application of the principle of informed consent from reality,we must first clarify the practical problems arising in the context of automated decision-making,start from clarifying the conceptual content of automated decision-making,the stage of technical operation,the efficiency of automated decision-making,the inseparability of personal data and the characteristics of inseparability and difficult accountability,show its technical origin,focus on the main fields and types of application of automated decision-making in society,and summarize the legal risks brought by technology,such as discrimination,black box and information cocoon risk.Secondly,clarify the nature of informed consent and the legal basis implied in the interpretation,sort out and clarify the theoretical structure of the principle and its application methods according to the domestic legal norms of some countries that have formed a mature system in information protection,combined with the relevant laws and regulations of China,so as to strengthen the protection function of their personal information rights.Through empirical analysis,the current application status of the principle of informed consent in legislation and online platforms is analyzed,and the risk prevention and control function of the principle of informed consent should be theoretically for automated decision-making.In the first cookie privacy case in China,Zhu sued Baidu for the excessive erosion of personal privacy protection by information sharing,which triggered public attention and debate on information security and network environment.The massive amount of information in the network aggravates the imbalance between the right to know and control,and also shakes the "rational person" foundation set by the principle of informed consent,resulting in the weakening of the effectiveness of consent,and the logical basis in the principle of informed consent has also been shifted,which has become a manifestation of the dilemma.In the era of big data,the drive of cost benefits and the difficulty of realizing rights remedies are important reasons for the dilemma of the principle of informed consent,and the mining of the reasons also guides the direction of the reform of the informed consent rule system in the future.Based on this,China can start from the national conditions and combine the legislative experience outside the territory to first clarify the independent civil right status of the right to personal information,provide a more solid backing for the rights and remedies of information subjects,standardize the construction of a weak consent system,and under the premise of reasonable dynamic situations,weaken the subjects’ right to informed consent to a limited extent,reverse the invalidity of the principle of informed consent under the strong consent model,and at the same time introduce a paid protection system to strengthen the protection of rights,meet the different needs of multiple subjects,and broaden their right to choose.Finally,it is necessary to strengthen the construction of the judicial rights remedy system based on the principle of informed consent,promote the introduction and optimization of the consumer rights protection model,promote the establishment of the principle of no-fault liability and the application of the public interest litigation system,and introduce a punitive damages system to deter information controllers from complying with the law.