关键词: 知情规则, 同意规则, “强知情”, “弱同意”, 劳动者个人信息保护

Abstract: Informed individual’s consent rules contain informed rules and consent rules, but with different weighting. The former focuses on information provision and acquisition, while the latter focuses on expression and choice of intention. This logic affects the "strong and weak" expression of informed consent rule in Personal Information Protection Law. According to the difference of emphasis, the informed individual’s consent rules in personal information protection take three modes applicable to specific scenarios: "strong notification + strong consent", "strong notification + weak consent", and "weak notification + weak consent". In the scenario of labor relations, the mode of "strong notification + weak consent" conforms to the theoretical and practical needs. In order to ensure the application effect, it is necessary to conduct substantive review of labor rules, regulations and contracts involving personal information processing of employees in accordance with the principle of "consistent interests" to reduce the damaging consequences of "weak consent". Meanwhile, in order to ensure the implementation of the "strong notification" rule, it is necessary for employers to fulfill the obligation of information processing and to construct the realization mechanism of the right of request for the right to know. Such efforts, working together with information processing communication, and understanding and consensus mechanism construction, can strike the balance between the protection and use of employee’s personal information.

Key words: rules of information notification, rules of individual’s consent, “strong notification”, “weak consent”, protection of employee’s personal information