Research On The Application Of The Consent Rules For Personal Information Disclosure

In the information age,personal information holds enormous economic value.With the rapid development of internet companies,China’s big data technology is at the forefront of the world.Information processors benefit from the processing of large amounts of personal data,while information subjects benefit from the convenience of big data technology.In order to achieve personal information protection in information processing and balance economic interests with personality,the rules of informed consent have emerged.As early as 2012,China established the rules of informed consent for personal information.The "Personal Information Protection Law" is a specialized law for the protection of personal information,which provides complete legal protection for the processing of personal information,including the rules of informed consent.However,in practical application,there are still some deficiencies in the specific application of the rules of informed consent.The main problems are as follows: first,the information processor does not fulfill the obligation of informing sufficiently.The informed text provided by the information processor is too long and obscure,and the key points are missing.The informed form adopted by the information processor cannot reach the level of attracting the attention of the information subject,and it cannot be considered that the information processor has fulfilled the obligation of informing sufficiently.Second,the all-or-nothing choice mode cannot reflect the real intention of the information subject.This choice mode cannot reflect the status of the information subject.Third,there are different views on the effectiveness of implied consent rules in practice and theory,and different views will lead to confusion in the application.Fourth,usually,suggestions for improving the rules of informed consent are proposed in private law.However,private law often maintains the unequal status of the information processing parties,and the maintenance of private law cannot improve the unequal status,so it cannot promote the application of the rules of informed consent better.The existence of the above four problems makes the rules of informed consent unable to play their due role.Through a brief introduction and comparison of the application of informed consent in personal information protection in the European Union and the United States,and in combination with several problems reflected in the practice of informed consent application,after comparing and comprehensively evaluating the rules of informed consent in the above two countries,and combining with the characteristics of China’s national conditions and the application of informed consent,there are four main aspects to improve the rules of informed consent in China.First,to solve the problem of low readability of informed text in practice,it is necessary to improve the readability of informed text by standardizing the informed text.The above situation can learn from Weibo’s informed text,which uses questions and graphics to make the informed text simple and easy to read,and the summary interface with the full text attached can take into account both simplicity and comprehensiveness.Second,we can learn from the economic incentive mechanism in the United States and introduce incentive mechanisms to balance the unequal status of information processors and information subjects in information processing and to avoid the "all-or-nothing" consent form that overrides the consent of the information subject.When learning the incentive mechanism,attention should also be paid to the restrictions on this mechanism.Third,implied consent is necessary,and the effectiveness of implied consent should be recognized in order to better apply the rules of informed consent.At the same time,the application of implied consent needs to be restricted to avoid abuse of implied consent.Finally,the application of the rules of informed consent requires participation from multiple parties and requires the exertion of force from multiple parties.It is necessary to promote the application of the rules of informed consent from the perspective of self-regulation and government regulation.Industry organizations can play their own advantages to provide guidance for the industry to apply this rule,and the government should exert its unique power to promote the application of the rules of informed consent.