关键词: 告知同意规则, 个人信息, 刑事责任, 数字经济伙伴关系协定, 比较分析

Abstract: The Civil Code of the People’s Republic of China specifies the protection of personal information, but at present there is no uniform legislation on personal information protection, and there is a lack of effectiveness of legal responsibility, and the informed consent rule is also alienated from its application. At this time, we should discuss the informed consent rule and financial liability of personal information protection from the legal system of its parties based on DEPA, and clarify the content of the “5 elements” notification rule based on the distinction of our informed consent rule and the combination of our laws and the laws of New Zealand, so as to improve the application of the informed consent rule. And in terms of financial liability, the amount of compensation will be increased, and clarify related offenses with criminal penalties as an entry point to protect the security of personal information.

Key words: informed consent rules, personal information, criminal liability, Digital Economy Partnership Agreement (DEPA), comparative analysis