Study on the contextualized path of consumer personal information protection:Reflections on the "undifferentiated" application of the rules of informed consent
In China's current system for the protection of consumers' personal information,the rules of informed consent is the basis for the legitimacy of the processing of personal information,but the rule is characterized by its "undifferentiated" application. Due to this characteristic,the privacy policy faces the dilemma of "being difficult to fully inform" and "poor effect of consent" in the application of the rules. Compared with Law of the People's Republic of China on Protection of Consumer Rights and Interests,Personal Information Protection Law of the People's Republic of China provides institutional space for the application of contextualized rules for the handling of consumers' personal information,and Shanghai's special law enforcement action entitled "Shine the Sword on the Pujiang River" has also opened up the practical exploration of the application of such contextualized rules to a certain extent. In order to balance the relationship between the protection of consumers' personal information and the rational use of such information,it is necessary to optimize the application of the contextualized rules for the protection of consumers' personal information from the perspective of consumers' personal information and the function of product services.
consumersprotection of personal informationthe rules of informed consentcontextualizedapplication of rules