Conflict And Coordination Of Credit And Protection Of Personal Credit Information

The construction of ICIS is of great importance in many fields. ICIS helps to decrease unsymmetrical information, depress the trade cost, advance the efficiency of economic circulation and still weights a lot in standardization of Market Economy System. During the ICIS construction, the CII will collect individual credit information in relevant areas, and in order to supply sufficient preference and proof in the trade and credit-delivering for both sides, this institution will charge, assess and make some forecast on the obtained individual credit. At the same time, it is also important to avoid the violation of individual's legal rights and interests which is generally caused by immoderate intrusion and revelation of individual information. The contradiction between individual credit investigation and protection runs through the whole process of ICIS construction, and present itself in the following procedure: the institution setting, credit information investigating, handling and utilizing. The key to manage this contradiction is to seek for a balance between the credit investigation and protection. Only in this way can both the credit investigation and legal rights and interests of individual information be guaranteed firmly.The first part of this paper mainly focuses on the full analysis of the contradiction between individual credit investigation and protection. First, it points out that the right for individual information, which highlights the personal control ability for individual information, is a fundamental and necessary one for all citizens. Then the protection principles of individual information domestic and abroad would be introduced. Besides, the legislation of individual credit investigation and individual information protection in China would also be analyzed. Based on the information above, the basic principles to coordinate and handle the contradiction would be summarized.The second part concentrates on the construction of CII. The direct utilization of construction mode abroad will do no good in Chinese environment. Correspondingly, We should extract, utilize and integrate the advantages of both public mode and privately managed mode. This guide line can be detailed into the following measures: construct ICIS by government, set appropriate limitation for entrance, adopt market business managing mode, add more requirement for entrance, and inspire the competition between credit investigation enterprises. The measures above all target at the scale business and high serving quality and efficiency.The third part discusses the investigation range of credit information and the time limit for bad credit record, both of which are only related to individual credit investigation. It is confirmed that the investigated individual should be granted more rights to control his or her credit information, and preserving span for bad credit record should be long enough to balance the interests between individual and investigator.The last part discusses the right for information awareness and decision objection and the international flowing of individual credit information, both of which are only related to individual credit utilization. We should broaden the access to information awareness for individual further and standardize the utilization of the right for decision objection to make sure the accessibility, because the granted right for information awareness and decision objection can insure strict credit information. With regard to the international flowing of individual credit information, we take the following solution: take in the private protection framework of APEC which dominated by enterprise, guarantee security of the individual credit information, construct more flexible system which can deal with information flowing...