On the Normative Attribute of Informed Consent in Personal Information Protection
From the perspective of legal elements,the nature of informed consent,which occupies the core position of personal information protection norms,belongs to legal principles.Whether it is the Civil Code or the Personal Infor-mation Protection Law,the provisions on informed consent follow the following logic in the system:the underlying val-ues of informed consent → informed consent as a legal principle → specific provisions involving informed consent.Based on the normative component of the principle of informed consent,which highlights the fundamental value of re-specting personal dignity and freedom in the Personal Information Protection Law,the characteristics that best align with personal information rights,and the hierarchical relationship between it and other principles,the principle of informed consent should enjoy the status of a fundamental principle in the field of personal information protection.Under the guid-ance of the basic principle of informed consent,the norms of the entire Personal Information Protection Law can be di-vided into three normative systems:the rights enjoyed by information subjects,the obligations assumed by information processors,and the responsibilities assumed by national authorities.
personal information protectioninformed consentlegal elementsthe system of civil law
万方数据
