Research On Protection Of Privacy Rights In Financial Business

The privacy right in financial business is a privacy right generated from financialconsumer’s personal information with the property attribute. With the development offinancial internationalization, strengthening the protection of privacy in the financialbusiness is not only a special topic in our country’s theory and legislation needs to beresovled but also represent the general trend of international legislation. In this paper,based on the legislation of privacy protection in financial business in China and thedomestic and foreign legislative practice, the author analyses current situation or legalprotection of private rights in the lack of financial business in China, and puts forwardsome suggestions on how to perfect the system of protecting the right of privacy offinancial business in China.The article is composed of five parts: The first part is introduction, this partintroduces the research background and significance, domestic and internationalliterature review, research contents and methods, the lack and innovation of the research.The second part is the right of privacy in financial business, through the analysis of thegeneration of the privacy rights and the characteristics of the privacy rights in financialbusiness, further exploring the theoretical basis for the protection of privacy rights infinancial business. The third part talks about the legal protection system about theprivacy in the financial business in the United States, the EU and Switzerland, it aims atexploring the different legal protection mechanism in the protection principle,protection mode selection and specific legal regulation in other countries and regions,then enlightenning the further improvement of the legal protection about the privacyright in financial business in our country, and guiding it. The fourth part analyses themain approaches for the privacy right invaded in the financial business in China and itslegal reasons, through the observation, analysis and sorting of the phenomenon based onthe privacy infringed in financial business in the reality, they conclude infringing theright to know the personal financial information collected and used; invading the rightto secret the safty and integrity of the personal financial information,;violating the rightto dominate the personal financial information by self-control and self-determination,and invading the right to claim the damage compensation based on the personalfinancial information leaked and infringed. The vulnerable reason lies in China’s currentlegal system exists serious problems with lack of the protection of basic legislation, lack of the safeguard of civil compensation mechanism, flaws of supply system design.Countermeasures to perfect the legal protection of privacy rights in financial business inChina in fifth parts, through the above analysis, this part puts forward some reasonablesuggestions, including the perfection of privacy protection legislation in financialbusiness; strengthening the coordinating role of the civil liability; strengthening thebasic configuration effect of the induced institutional supply, strengthening thefunctions of financial supervision agency.