Review and Path Optimization of the Application of “Informed Consent” Rules in Personal Data Protection
Abstract
The institutional design of the individual-centered “informed consent” rules ignores the standardization requirements for data processing at the social level. The neglect of data processors leads to vague regulations on their behavioral guidelines, the data processors are evasive in terms of notification content, and present the form of information in an impersonal way. Also, digital technology has become a convenient tool for evading or even violating the law, which will create obstacles to the application of rules and may even deviate from the original intention of legislation. In the application process of the “informed consent” rules, data processors should first respect the individual, provide sufficient and accurate notification and ensure the validity of the data subject’s consent. Individuals should pay attention to their important role in the implementation of the law and promote the implementation of the “informed consent” rule. In addition, differentiation and application of opt-in and opt-out mechanisms, as well as a correct understanding of exceptions to the “informed consent” rule will help balance the relationship between individual data protection and the social processing of data.
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DOI: http://dx.doi.org/10.3968/13333
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