The Protection Of Privacy In The Personal Credit System

The inevitability of the credit economy and its expanding development decide the trend of rapid development of the individual credit business. With the development of credit economy, the individual credit system comes in to being. The setting purpose of the individual credit system is to regulate credit economy order, through disclosing individual credit information. However, this will influence the rights and interests of privacy. The article is divided to 3 parts to discuss the conflict between the individual credit system and the right to privacy, and try to find a better way to balance the relation of these two sides.The first part is for inspection of the conflict of the individual credit system and the right to privacy. The right to privacy is the most important right to personality, but the implementation of the individual credit system is basis of limiting the freedom of privacy. According to the process of credit investigation, the article analyzes the form and reason of the conflict between the individual credit system and the right to privacy. This part pays more attention to expound the substance of the conflict, through analyzing the base of right, and then find out the balance point of the conflict above is boundary of right.The second part explores the relative confinement to privacy right in the individual credit system. The function of the individual credit system and the legal peculiarity of the right to privacy, decide that it is necessary to confine the privacy interest in the credit investigation. The article tries to find legislative experience to suit for our country, through comparing the different foreign model. The thesis chooses a comprehensive model to confine the right to privacy in the individual credit system. This model concludes two facets: one is principle method, and the other is specific method.The third part is regards the protection of the right to privacy in individual credit system. Right is the interest, which is protected by national power. In order to realize the privacy benefit in the individual credit system, the right to privacy must be defined in the civil law. At the same time, the particular process, the supervisor system and others should be arranged reasonably. As far as system construction, the thesis advocates to protect the right to privacy comprehensively, from legal definition, particular methods and supplementary system.