A Study of the Application of Consent Principle in Internet Personal Information Processing——Interpretation of Article 1035 of the Civil Code
The consent principle is the legal basis for internet platform to process personal information,which directly restricts the protection degree of data privacy.Article 1035 of the Civil Code states that the consent of natural persons or their guardians is required for the processing of personal information.By balancing conflicting interests,it establishes the applicable legal standards of user-centered personal information protection in the form of general law.The consent principle reflects the self-governance of information subject to private information,private activities and private space,and reflects the enjoyment of moral rights and the implementation of personal autonomy.It includes not only implied consent for the processing of general personal information,but also express authorization for the processing of sensitive personal information.In addition,the principle is restricted by public interest,legal principle,necessary principle and information disclosure in the process of personal information processing.
personal informationinformed consentdata privacyinternet governance
NETL
NSTL
万方数据
