| 英文摘要 |
With the rise of big data analytics and “Internet of Things (IoT),” it becomes more and more difficult to inform data subjects and obtain meaningful consent before collecting their data; it therefore, challenges the well-established concept of information self-determination, which is built on the basis of informed consent. To address this problem, two different approaches have been proposed internationally. One argues that we should reinforce information self-determination and keep the present personal data protection framework. The other advocates for a brand new use-based way to protect information privacy. As we face these two distinct paradigms, which one should our Personal Information Protection Act follow. This article starts with an overview of the development of information self-determination and the challenges it currently faces. The article then introduces the above-mentioned two data protection paradigms. At the end, this article will analyze the pros and cons of these two approaches, and provide suggestions as to how we could respond, both at the statutory and constitutional levels, to the data protection issues in the era of big data and IoT. |
