Study On Protection Of Privacy Right Under Personal Credit Investigation System In China

Nowadays, people pay more attention to personal privacy. The word privacyappears more frequently in our daily lives. Privacy is matters which has nothing todo with the public interests,as the same time the owner don’t like these affairs beknown by others.In other words, matters of personal privacy aspects. In English,"Privacy" means secret relatively to “open”, namely alone and undisturbed, orhidden and undisturbed mean. Personal Credit is the corresponding evaluation of theability that individuals perform the contract and debt in the economic and basis ofthe whole social credit. Personal Credit is the report activities to externals about apersonal credit, according to the collection of personal credit information. In theprocess of Personal Credit data be collected, processed, analyzed and published,personal privacy issues is unavoidably be involved. Privacy may be infringed duringpersonal information collection, and using. Conflict and Compromise betweenPersonal Credit and privacy are inevitable problems we need to face.This paper first introduces the concepts of personal credit and privacyprotection and learns from the United States and some European countries’ maturedexperience on the personal credit system and privacy protection legislation. In orderto introduces the concepts of personal credit and privacy protection. Describing theorigin and development of privacy rights followed by the issue of privacy protectionin the process of personal credit.The development of our personal credit system started late and the relevantlegislation is not complete. Laws and regulations on protection of Personal Creditprivacy are scattered, in current legal system. In Our Constitution and basic civil lawcitizens’ privacy are not clearly defined, adopting a way of indirectly protecting way for privacy. While some personal credit developed earlier places, such as Shanghaiand Shenzhen, local laws and regulations were launched, but there are a certaindeficiencies in these Trial Measures on the protection of privacy. There is no oneunified credit legislation, till now.“Credit Management Ordinance” has failed to beannounced,Which has been drafted since2002.In State Council executive meetingon October27,2011, Premier Wen Jiabao proposed to speed up credit legislationand institution building, pay close attention to the development of “CreditManagement Ordinance”, furthermore, relatively support systems and theimplementation details.The credit bureaus in the United States are all the private sectors; they operatein market-oriented way, as a typical representative of market-oriented credit pattern.Public Credit institutions are set up by the national central bank or bank regulators.The central bank is responsible for their running and management them. The mainpurpose of establishing public credit system is that serve for central bank regulatoryfunctions, and provide information to grant credit, including financial institutionsprovide a loan to individuals, evaluate credit and information of loan collateral value,rather than a personal or business’ credit report provided to the community. Thisdecides that the agency cannot adopt market-oriented operation. In United States,the protection of privacy in the Personal Credit is relying on the credit bureau’sself-discipline and supervision from the trade associations. However, Europeancountries adopt uniform legislation. There are a separate law enforcement agenciesto protect all personal data privacy. The biggest feature of this model lies in itsuniversal applicability.Credit bureaus should collect and use personal credit information reasonably,not at the cost of personal privacy rights. Not only is citizens’ privacy vulnerable tobe violated, but also damage the credibility of China’s credit system, unless thecollection behavior of the bureaus is regulated by law. We should opt for the routeand agency market-oriented in terms of China’s personal credit system. For privacyprotection, drawing on the experience of domestic and European legislation then making recommendations from following aspects: the scope of collectedinformation, collection of credit information, using, and procedures for disclosure.In the same time we should establish a comprehensive monitoring mechanism, andgive people the permission rights; right to information, query rights; dissent rightsand rights such like that.Legislation should be available when violation behaviorsoccur: the victim can resort to law and the intruder should take the legalresponsibilities，in order to protect the privacy of individuals.