Civil Protection For Information Of Bank Clients

The banks are an essential part in social life, and clients’information has important commercial value and identification value. At present, both the bank law documents and basic civil laws lack comprehensive regulation on the rights about the information of bank clients in China. Thus, constructing the comprehensive right system and consummating the civil laws that protecting the information of bank clients are urgently needed. to define this infringement clearly, the author of this thesis deeply explores the right of information of bank clients’, fully analyses the civil liability of infringing the right of information of bank clients’, and composes this thesis by the three following parts:Part one:through the analysis on the reformed financial environment, the author introduces the topic of protecting the bank clients’ information, and expatiates on the importance and possibility of it.Part two:the author elaborates on the rights of personal information that bank clients own by comparative analysis and empirical analysis. Firstly, the author defines the concept and property of the right of information of bank clients’, states out that the right of information of bank clients’ is the right to dominate, control personal information and exclude interference from the others. Then the author analyses the four currently existed theories on property, and draws the conclusion that the bank clients’ information is the objective of both property right and personality right. Secondly, the author analyses and deconstructs the form of the right of information of bank clients’, rises four standards of analysing the forms of right and draws the conclusion that the forms of the right of information of bank clients’ should be the rights to know, privilege, consent, benefit from, dissent, correct, cancel and seal while the rights to reclaim indemnity, control information and automatically make decision should be excluded. In the process of analysing rights’forms, the author critically draws lessons from foreign legislation and optimizes the protecting approaches of right of information.Part three:the author carries out analysis on the civil liability of invading the right of information of bank clients’. With the argument about the four conditions, the author analyses the constitutive condition, explores the duty form of COMPENSATION FOR LOSS. Considering foreign legislation usually takes the points of COMPENSATIN FOR NON-PROPERTY DAMAGE and a legal person can incur non-property damage, the author suggests to replace the statement of COMPENSATION FOR MENTAL LOSS by COMPENSATIN FOR NON-PROPERTY DAMAGE. Regarding to the amount of compensation, the author thinks it is reasonable to hold different standards for government agencies and non-government agencies. At the end of this thesis, the author suggests to add three new grounds of exemption, which are PUBLIC INTEREST, GOVERNMENT AGENCY PERFORMS ITS ADMINISTRATIVE FUNCTIONS and THE BANKS SAFEGUARD THEIR LEGITIMATE RIGHTS, as the grounds of exemption besides the grounds stated in Tort Liability Law. To prevent the grounds of exemption from being abused, the author suggests to elaborate the grounds of exemption, consummate the execution of them and clearly define the burden of proof.