On the Adjustment of Prior Consultation of the Interests in China’s Personal Information Transfer

In the process of digital economic development, information can only give full play to its own value in an orderly flow. The confirmation of the right to personal information transfer addresses the inherent needs over personal information autonomy, freedom of choice of platforms and information reuse. While this reduces the information monopoly behavior of the information control platform, and significantly enhances the flow of information, the realization of the right to transfer personal information remains challenging. The current regulations are still at a macro-level, offering limited guidance for specific practical implementation. As a result, the transfer of personal information is dominated by platforms, the personal information is easily monopolized by platforms with advantages. Under this background, individuals are unable to transfer the personal information they need, and disputes over the transfer of information between the two parties intensify, making it difficult to realize the rights and interests arising from the transfer of personal information. In order to realize the rights and interests of personal information transfer, it is necessary to make up for the insufficiency of macro-control, reduce the lagging effect of the post disputes on the transfer of personal information, adopt a micro-individual perspective, give full play to the subjective initiative of inter-subjects, and construct a limited mechanism of prior consultation. In the “incomplete contract”, it provides limited negotiation space for disputes such as the scope and format of information transfer, independently balances the interests between subjects, and alleviates the conflict of information transfer between platforms and individuals. in order to explore the determination of the scope of information transfer and the adaptation of transfer formats between different industries. During this period, we should make use of the supervision system to maintain the relative equality of the negotiating status of the subjects and ensure the appropriate balance of the interests of both sides, so as to ensure the safety and order of information transfer.