Research On Privacy Protection Of Personal Credit Information

The utilization of personal credit information in the context of social credit system revolves around the collection,batch processing,and precise application of massive information,which needs to not only meet the development needs of the market economy,but also serve social governance.As the current scope of personal credit information is constantly being expanded and the definition of information privacy is being subjective and highly variable,there appears a dynamic blending of the two,increasing the difficulty of accurately defining information privacy.In addition,with the maximization of credit capital,the personal bankruptcy system causes the rising risk of temporary debt and the need for public authorities to govern dishonest behavior.The demand for personal credit information will continue to increase.This demand will also stimulate credit information processors to illegally collect and exploit information privacy,and further increases the risk of information privacy infringement.Moreover,since the use of personal credit information itself cannot avoid information privacy,the standards for identifying information privacy in different scenarios are various,and the public welfare needs weaken the concept of information privacy protection,etc.,the protection of information privacy of credit subjects is difficult to practice.The processing process of personal credit information mainly includes three stages: information collection,processing and application,during which privacy infringement has the characteristics of controversy,ambiguity and concealment,increasing the difficulty of information privacy protection.However,reviewing the current legal state of China,both the “informed consent” rule which private law focuses on,and the way that public law strengthens supervision and enhances responsibility emphasize the legality of privacy protection in form,but it is hard to protect the credit subjects’ privacy in a substantial sense.Information special law focuses on the legitimacy of information processing and it is so far insufficient in the aspect of privacy protection.The special credit law,represented by the “Regulations on the Administration of the Credit Information Industry” and the local advanced credit regulations and rules,adopts a combination of “consent-prohibition”management and catalog management,which cannot solve the problems of weak information control ability of credit subjects and much demand for personal credit information as well.In theory,privacy protection theories such as “core field protection theory”,“information self-determination protection theory” and “fair information practice principle protection theory” have both advantages and disadvantages and need to be reconsidered.On this basis,China should re-balance the legal value,clarify the macro-protection ideas of “protection in opening and utilization”,“credit information controller-centered” and “public-private combination”,and adhere to the basic principles of “restricting secondary use”,“information quality” and “whole-process information privacy protection”.Specifically,as for the construction of power and responsibility system,it is advisable to introduce fiduciary duty rules to entitle credit information handlers the“discretionary power” in the use of credit information,meanwhile,its fiduciary obligations should be strictly clarified,and fiduciary responsibility is held for those who violate the obligations,so as to better solve the problem of interests balance between the use of credit information and the protection of information privacy.It needs to improve the rights system of credit subjects,including the right of informed consent,the right of objection,and the right to be forgotten.The class action and public interest litigation system are applied in judicial relief,and the presumed-fault principle and the evidence rule of reversing the burden of proof should be adopted.In order to avoid the uncontrollable damage after privacy infringement,the risk prevention and control mechanism of privacy infringement should be constructed.In the design of the information management system,a catalog of personal credit information should be formulated to clarify the basic category of personal credit information.Information de-identification should be regulated to reduce the risk of privacy infringement.Different privacy protection paradigms should be applied according to the types and scenarios of personal credit information utilization.