Abstract: The legislation of China's current personal information protection law takes consent as the sole legal right to deal with personal information. Although there is some breakthrough in“The Act on the Protection of Personal Information (Draft)” (Second Review), in general the fence of the absolute right of consent is not crossed. The absolutized setting of consent has led to such problems as insufficient protection of personal information, higher institutional costs, separation of legislation and judiciary, etc., further restricting the realization of the function of the personal information protection law. By analyzing the basic attributes of personal information, it is found that personal information is not pure“private affairs”, but an aggregation of the interests and values of multiple parties; the absolutized right of consent possesses no solid theoretical foundation. Therefore, it is necessary to start from the two paths, i.e., perfecting the legality of other person's information treatment and differentiating the allocation of the range of application of the right of consent with the scenario risk theory, so as to achieve the transformation from“absolute consent”to“relative consent”and formulate a“Chinese Scheme”of personal information protection in the big data era.

Key words: Act on the Protection of Personal Information (Draft), autonomous control, consent mechanism, information safety, value diversification