Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2023, Vol. 25 ›› Issue (5): 87-94.DOI: 10.11885/j.issn.1674-5094.2023.03.10.02

• POLITICS AND LAW • Previous Articles     Next Articles

Informed Consent in Private Information Processing

ZHANG Gexin   

  1. Law School, Lanzhou University of Finance and Economics, Lanzhou Gansu, 730020, Chinaa
  • Received:2023-03-10 Published:2023-10-28

Abstract: The intersection or overlap of private information and sensitive information in specific content and the provisions of the Civil Code on the application of laws to private information are the reality and legal basis for the application of sensitive information rules to private information processing. The necessity of private information processing mainly considers whether the purpose is legitimate or specific to information involved, and whether the processing method is reasonable. It can be judged by the processor, individual or the people's court, and a separate written notification shall be made. The exemption from the obligation to notify should be strictly limited. The impact on personal rights and interests can be evaluated and graded from different dimensions by a multi-party evaluation organization with reference to national standards, and notified in the form of an impact evaluation report on private information protection. The individual consent for the processing of private information shall be made in the written form under the premise of full knowledge. The exceptions to the consent shall not only apply to the provisions of the Personal Information Protection Law, but also consider the particularity of private information.

Key words: private information, sensitive information, impact of personal rights, individual consent, written consent

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