Luo Jiakun on Regulating Targeted Advertising Through the Informed Consent Model (HKLJ)

“Regulating Targeted Advertising Through the Informed Consent Model“
Luo Jiakun (LLM TIPL 2025)
Hong Kong Law Journal, Vol. 56, Part 1 of 2026, pp.55 – 88

Abstract: The rise of targeted advertising, powered by algorithmic technologies and extensive personal data collection, has significantly transformed the digital landscape. While such practices generate considerable economic benefits, they also pose critical risks to the protection of personal information. The informed consent model, derived initially from medical ethics and integrated into contemporary data protection laws, aims to safeguard individuals’ informational self-determination by ensuring transparency, voluntariness, and genuine user control. This article critically examines the implementation of the informed consent framework in different jurisdictions and an empirical audit of privacy policies from 25 prominent Chinese platforms. The research identifies substantial gaps between regulatory ambitions and actual practices, including the erosion of users’ right to be informed, systemic distortion of consent through manipulative interfaces, and impeded withdrawal mechanisms. To bridge these gaps, this article proposes targeted reforms emphasising user-centric transparency, rigorous consent standards, and accessible withdrawal mechanisms. The findings underscore the necessity of shifting from formal compliance to substantive user empowerment to achieve meaningful personal information protection.