Study On Protection Of The Right To Privacy Of The Individual Credit Investigation

In market economy, information asymmetry makes the risk of business increasing,so credit investigation industry is thriving. However, it seems to be a naturalcontradiction between individual credit investigation and the protection of personalprivacy.In China, by the end of April2010, the number of natural people individual creditinvestigation was6.79million, and more than1.98million people have their creditaccount. Once information leakage incident has happened, it will not only violateindividual privacy, but also the credit investigation system has great negative effect. Inindividual credit investigation privacy protection has become a problem that can not beignored. Currently, in our country, legislation level of privacy protection law isrelatively low, regulation and laws in order to protect the privacy of personal creditactivities are not enough. Under this background, the author investigates variousproblems of privacy protection, starts from expression of infringement of privacy, withempirical analysis, comparative analysis and inductive method, deductive methodanalysis from the reality of the individual credit investigation in each link (includinginformation collection, processing, storage and application). And the author analysesother relevant national individual credit investigation and privacy protection laws,revealing the current problems in legislation of our country and the reasons of theproblem. Finally, the author puts forward that in order to perfect privacy protection ofindividual credit investigation, needs us make big efforts in the relevant legislation andsupervision.In this paper, except the introduction and conclusion, it is divided into four parts.In the first part, it clarifies relevant concept of the individual credit investigation andprivacy issues, so that it could have a clear foundation support for following writing. Itmainly includes the concept of credit, characteristic of personal credit, characteristic ofthe right of privacy in personal credit and the significance and theoretical basis ofprivacy protection. In the second part, the author takes American&European Union asrepresentative, compares the foreign legislation on protection of the right to privacy ofthe personal credit investigation in the sides which includes legislation and supervision,and obtained enlightenment of how to protect the right to privacy of the personal creditinvestigation in our country. In the third part, all problems of protection of the right to privacy of the personal credit investigation in our country are listed&the reasons areanalyzed. The fourth part makes the thinking of improvement of China’s protection ofthe right to privacy of the personal credit investigation system based on the reasonswhich are analyzed from the legislative, regulatory and other aspects from the frontparts.