Review and improvement of informed consent rules in the context of the implementation of Personal Information Protection Law
Luo Chenxin
(Law School of Economics, East China University of Political Science and Law, Shanghai 200050, China)
Abstract： Although the informed consent rule is an internationally accepted personal information protection rule, it faces multiple dilemmas in practice. While adopting the informed consent rule, the Personal Information Protection Law also adopts a series of amendments to it. However, from the current situation of the application of the Personal Information Protection Law, the practical dilemma faced by the informed consent rule has not been resolved, and the interests between the information processor and the information subject are still in a state of imbalance. Examining the amendment measures adopted by the Personal Information Protection Law, such as expanding the legal basis, implementing the classification and differentiated protection of information, and refining the consent rules, although to a certain extent, the dilemma that the consent rules are difficult to be implemented is alleviated, there are still many problems to be solved. It is necessary to introduce the legal interest exemption mechanism, build the administrative supervision mechanism, and carry forward the design concept of personal information protection as the countermeasures to improve the informed consent rule.
Key words : informed consent; Personal Information Protection Law; exemption of legitimate interests; balance of interests; personal information protection design
