Abstract:
The guardian consent rule is a natural extension of the guardian's right to know and power of attorney in the field of protection of minors' personal information, but it still faces many difficulties in the scope of application, implementation and protection. After the ontological analysis of this rule, the theory should be made to explain the object of protection, to crack the logical conflict between minors' personal information and sensitive personal information. At the same time, the paper weighs the theoretical competition and cooperation between the rules and minors' personal information rights and interests, and connects with the traditional civil law system to define guardian consent as a legal act. Based on this, to solve the practical dilemma, it is necessary to adhere to the principle that is most beneficial to minors, take hierarchical and classified management as the idea, and systematically improve the special provisions of the guardian consent rule from three aspects: three-level revision of the scope of application, differentiation of implementation methods and reconstruction of protection methods.