Security Legal System Of Financial Privacy Protection

With the development of society and social change in concept,in the modern information society,the continuous extension of the traditional right to privacy and to increase the content of the new entity,a "financial privacy" of the concept.The protection of financial privacy has become the cornerstone of the maintenance of financial credit,Britain and the United States and other developed countries have long-term development after the formation of a more comprehensive system of financial privacy protection system.The history and reality of my country because of restrictions on development,the protection of personal privacy legislation has not been alone in the financial privacy protection legislation is on a lot of gaps exist.According to discuss and analyse the inadequacies of china's current legislation in these areas of the protection of financial privacy,this thesis will make recommendations on how to perfect the legal system.In this thesis,the text is structured as follows:Partâ… defines the concepts involved.First of all,defines the concept of privacy,and puts forward the difference between financial privacy and privacy.The purpose is to illustrate that the financial privacy needs for special protection;then discusses the Rights and obligations of the main of financial privacy and presents the concept of financial institutions and financial clients,to clear the scope of financial institutions and financial clients that are protected.in thesis,the the rights of main Contains only Natural customer.Finally,analyzes the characteristic and the scope of customers'information,Should at least include the following:personal identification information;personal account,the transaction information, personal information and other image information.Partâ…¡discusses the protection of financial privacy in the the process of collecting financial information.First elaborates the necessity and the main channel of financial information collection,and Points out The possibility of violations of financial privacy in the course of collection;then puts forward legal relief,mainly by giving financial clients to enjoy the corresponding rights,and subjecting to financial institutions to carry out the corresponding obligations to control the collection of financial information within reasonable limits.Financial rights of clients contains:the right to know,the right to select,control and the subsequent right to relief;the obligation financial institutions burdened contains:must have been authorized when collecting information,accesses to financial information must be legitimate,ensure the authenticity of financial information,collection of financial information must be relevant,adequate,but not overdose,disclosure to customers and collect feedback,and deal with adverse information right.Partâ…¢discusses the protection of financial privacy in the the process of the transfer of financial information.First,defines the concept of transmission of information to explore the circumstances in which financial institutions must be communicated to the next customer's financial information,And according to the different transmission of the objecten,do the type of treatment.Puts forward the confliction between the transmission and the financial privacy protection;then,points out the solution to the conflict,transfer information properly.Studies the research results from abroad,discusses those exceptions,to to seek the legitimacy of the legal basis of Transmission of financial information.These exceptions include:the force of law provisions,necessary to safeguard the public interest,for financial institutions to the needs of their own interests as well as customers express or implied consent; Finally,according to the theory from abroad,constitute the rules of these exceptions,the main consideration is authorized by law,Legitimate purposes,the permission from clients, safeguarding the interests of financial institutions and the appropriate course.So this part will focus on the analysis of the legal mandate,the purpose of legitimate,clients agree and the appropriate course that constitute the main rule of exceptions.Partâ…£discusses the protection of financial privacy in the the process of the use of financial information.First,defines the concept of the useness of information to explore the relationship between useness and transmission of financial information,they have cross-coincidence point,some are to be used to transmit information as a precondition. However,the use of financial information to sign in with their own characteristics,it also required a separate discussion;then,analyses such specific examples of the use of financial information as credit business of the bank,providing credit services,securitization of credit assets,pointing out the confliction between the use of financial information and financial privacy protection;then to further the balanced way of the conflict - the proper use,which leads to define the concept of fair use and the proper use is based on:based on the law and based on the contract;In order to standardize the financial information at the proper limits to be used,should give financial customers in the financial information used in the enjoyment of the rights as well as financial institutions should be used to fulfill the obligation,and make detailed description of the contents of the rights and the obligations. Partâ…¤focuses on the analysis of China's financial privacy legislation,points out the inadequacy of current legislation of our country.First,in accordance with the different content of the existing legislation,make different types of treatment;Then further pointed out the inadequacies of China's current legislation in these areas,contains:provisions on three elements of the financial privacy are imperfect,having no provisions on such activities as financial information collection,transmission and useness.Partâ…¥,on the basis of The foregoing analysis,making recommendations in order to perfect legal system,mainly on two aspects of the proposals to improve.First,introduce legislative model financial privacy should be introduced by which;then focus on how to perfect the content of the protection of financial privacy:improving the provisions of three elements of the financial privacy and perfecting the rules in the financial information collection,transmission and useness.