关键词: 个人信息保护, 知情同意规则, 风险防范, 同意要素, 告知义务

Abstract: Such imperfections as a form being bigger than its essence, obvious negative externality, inconsistence with the social attributes of personal information and so on will drive the negativists to try to weaken or even abandon the informed consent rule, thus it is necessary to remove the above-mentioned doubts and reshape the legitimacy of the informed-consent rule. The informed consent rule is a necessary path to realize the risk prevention essence of personal information protection. It is not desirable to pin one's hope on the afterwards responsibility rule that has weaker risk prevention function. The economic negative externality of the informed consent rule is exaggerated; its inherent consistency with data economic development and innovation should be fully recognized. To insisting on and to improve the informed-consent rule is the long-term solution. On the one hand, the informed consent rule should be untied from the right of self-determination on personal information, not deriving absolute right, nor deviating from the social attribute of personal information. On the other hand, since the informed consent rule is a general rule to protect personal information, the obligation to disclose should be detailed, so as to ensure that the individual's consent meets the corresponding substantive and formal elements.

Key words: protection of personal data, informed consent rule, risk prevention, elements of consent, obligation to disclose