关键词: 数据获取, 数据使用, 知情同意, 数据主体本位

Abstract:

The characteristics of data regulation depend on the characteristics of the traditional era. Data regulation is mainly the regulation of access, and follows the framework of “informed consent”and mainly adopts the perspective of“data subject-based”. With the advancement of science and technology, data subjects no longer have enough ability and motivation to master their own data; the purpose of data flow is no longer clear, nor is it limited to the interests of the subject; the supervision of “acquisition” is more difficult, and the control of “use” is more difficult. Therefore, the regulation of “data acquisition” should not continue to re-expand the framework of “informed consent” ; the regulation of “data use” should be inclined to the perspective of “society-based” ; the focus of data regulation should be from the front-end “data acquisition” to the back-end“data use”transition.

Key words: data acquisition, data use, informed consent, data subject-based