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On The Legal Protection Of Right To Privacy About Personal Credit

Posted on:2009-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2166360242490801Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The market economy is an economy based on credit, personal credit is imperative, In the course of personal credit, personal credit information is the object of personal credit.If not to consider subjective factors, the object of personal credit belongs to the scope of personal information privacy. And the right to privacy, as a personal right, has been the focus of civil legislation. the protection of personal privacy also has been broken the traditional concept about personal and property protection, and the privacy of personal information has been recongnized and gained a more and more important position.in the international and domestic economic life .Therefore, in personal credit there is the conflict relating to the disclosure of credit information and the protection of privacy, the conflict is the conflict of different interests, of efficient and free,of the right of information and privacy. Personal credit and privacy protection is an alternative, how to coordinate the contradictions in different countries due to political, economic, cultural, legal, moral factors the result is different. But in any case, we must uphold the principle of public interest, of interest measuring, of voluntaring and of specificing.For our country, because the legal protection system of information privacy is imperfect, the law does not direct the personal information as the protection clause, the right to privacy has not been clearly defined, but in the protection of the right of citizen's honour at the same time and indirectly protecting citizens' privacy. In the personal credit, there are problems of weak legal system, low legislated level, poorly standardized operation of the agency, conflicting about the confidentiality law of information and the credit. For such cases, the author believes that should establish a legal system from top to bottom 3D.Firstly,should perfect the general provisions of privacy protection from clearing constitutional foundation, establishing the independent right to personality in the Civil, and adding privacy violations and criminal responsibility. Secondly, should speed up China's information legislation referencing from other countries' experiences on the basis of legislation, reflecting the mandatory attitude of the Government in respect for the privacy .Finally, should construct the specific rules of privacy protection. that is, from credit, storage, management, and other aspects of personal credit activities to strengthen the protection of privacy, particularly should define the credit information ,standerdize credit procedures and determ the use scope of personal credit report, what reflects the government's guidance and coordination. Only in this way, in personal credit activities, can the privacy of citizens really be protected.
Keywords/Search Tags:Personal Credit, Privacy, Legal Protection
PDF Full Text Request
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