JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2018, Vol. 31 ›› Issue (3): 13-21.DOI: 10.13766/j.bhsk.1008-2204.2018.0121

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Plight and Outlet of Informed Consent Principle in Personal Information Protection

LIN Huanmin   

  1. School of Law, Goethe Frankfurt University, Frankfurt am Main 60323, France
  • Received:2018-04-13 Online:2018-05-25 Published:2018-05-30

Abstract:

In the context of big data, enterprise data activities do have more and more important socio-economic functions. Instead of pursuing the absolutization of form, informed consent principle of personal information protection should turn to more concrete substance to better protect the information and encourage enterprises to carry out data activities more actively and effectively at the same time. On the one hand, the data activities should obtain clear and explicit censent from the user, even if the general information of the individual is the same; but the consent of the information subject should be in accordance with the expectation. On the other hand, in order to balance the data activities, it is necessary to provide legal exemption for data activities. The legislation should stipulate that the legitimate basis of enterprise data activities should not be limited to the informed consent of the information subject; in addition, the way of obtaining the exemption of informed consent can be obtained by introducing the anonymity of personal information to encourage and promote the enterprise for the better development of data and personal information protection.

Key words: personal information protection, informed consent, materialization, legal immunity, anonymization of personal information

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