Security Legal System Of Financial Institutions Customers' Information

In modern economy, the financial institutions collect a great deal of customers' information by providing financial services. The information has become important business resources of financial institutions. But the information, which is confidential and take on customers'characteristic, is hardly controlled and known by customers themselves. With the development of financial industry, the customers'information is related to more and more legal issues, and requests further development in the theories and the practices of the law. This thesis consults latest studies in security legal system of financial institutions customers'information. The purpose of this thesis is not only perfecting legal system, but also studying the relationship between financial institutions and customers, protecting the rights and interests of customers, and promoting the development of financial institutions.Chapterâ… defines the concept of financial institutions at first, then puts forward that information of legal persons and other organizations should be protected by the law. Finally, this Chapter analyzes the characteristic and the scope of customers'information.Chapterâ…¡discusses which theory can interpret the theoretical basis of the security obligation more properly, contract theory, tort theory, trust theory or other theories. Finally, this chapter reaches a result that the contract theory interprets the theoretical basis of the security obligation more properly than others. Chapterâ…¢specially studies some issues about the bank's security obligation. Firstly, this chapter demonstrates the necessity of protecting the information of depositors and borrowers. Then this chapter demonstrates that bank should protect the information not only before making a contract but also after the determination of contract.Chapterâ…£lists four forms of customers'information at first, then mainly focuses on the basic rights and obligations of customers and financial institutions, and the security obligations of supervise departments.Chapterâ…¤mainly studies the exception of financial institutions'security obligations. Under the condition of having attained customers'permission, protecting public interest, self interest and customers'interest, the financial institutions can disclose the customers'information. Finally, this chapter focuses on some legal issues related to disclosing customers'information.Chapterâ…¥mainly studies the means of financial institutions taking on civil liability. Then this chapter lists some methods of calculating the loss. In addition, this chapter studies difference between contractual liability and tort liability.Chapterâ…¦studies the possibility of enacting law to protect customers'information. The best way to protect customers'information is to amend the basic financial laws such as bank law, insurance law, securities law, etc.