The Rules Of Informed Consent In Personal Information Protection

Informed consent rule plays an important role in the traditional framework of personal information protection and is an indispensable rule in the field of personal information protection.Throughout the world,there are many corresponding legislation.Personal information has the dual attributes of personal and property.Article 993 of the Civil Code stipulates that the name and portrait of a natural person can be used reasonably by others,and the word "etc" includes personal information.Personal information is different from other specific personality rights and interests.In terms of licensing others to use,it is abnormal for other personality rights and interests to license others to use,while it is normal for personal information to license others to use.The informed consent rule emphasizes the control power of the information subject over its own information,so it specially sets a mandatory procedure to restrict the information processor and effectively safeguard the legitimate rights and interests of the information subject.In recent years,with the advent of the era of information technology,we have been unable to make good use of the relationship between the two sides of the Internet,which has been controversial in recent years.As far as the right to know is concerned,the self abandonment of the information subject,the unfriendliness of the notification text and the complexity of data utilization have caused a huge gap between formal notification and substantive consent;As far as the right of consent is concerned,information collectors still have the practice of "one size fits all".The mode of no consent,no service and the external availability of personal information make the value of the right of consent of information subjects thin,which is not in line with economic considerations,but also easy to lead to multiple conflicts of interest.In this way,it violates the original intention of the informed consent rule.The law circle is taking action to comprehensively improve the applicable rules of informed consent rules and create a scientific and standardized personal information protection mechanism.European and American countries took the lead in carrying out personal information protection.With the development of practical activities,European and American countries have accumulated a lot of experience in this regard.China’s national conditions are different from those of European and American countries,which requires that in the process of improving the informed consent rules,we should not copy the ways and methods of European and American countries,but improve the rules in combination with the actual situation and industrial requirements.In terms of legislation,we can affirm the status of implied consent,establish a model of universal free + individual payment,and improve the legal basis of personal information processing to balance the information value of all subjects,In addition,the responsibilities of third-party information processors should be implemented.In this way,it is more conducive to the new vitality of China’s informed consent rule.