On The Rights Protection Of The Credit Information Subjects

Since the construction of personal credit registry has began in our country, the balance between the flow of information and the rights protection of information subjects has been a concerning topic in the scope of law science. But so far, there still haven’t a "law of personal information protection "in our country, nor stipulated the credit right in the civil legislation, the rights protection of information subjects is still quite weak. Although the "personal information protection guidelines for information security technology_public and commercial services information system" and the "regulations on the administration of credit investigation industry" continuously introduced in this year,brought a good future for rights protection of information subjects, the defects existed in them such as lack of executive force can’t be ignored. So, it is necessary to further perfect the system of rights protection of information subjects. So, on the basis of analyzing a case of bad credit, the thesis proposed some measures of protecting the rights of information subjects,wish to make a contribution to the study of information subjects’rights protection. Except the preface and epilogue, the thesis can be divided into four parts:In the first part, the author reviewed the details of the case,the trial situation, the focus of controversy. Then raised the question:in the process of credit information collection, the accuracy of information can not be guaranteed, the rights of information subjects usually be affected. However,the credit right still not be confirmed by law, the information subjects have to seek relief by other personality rights like the right of reputation, but there is no guarantee that the courts will support their claims.The rights of information subjects is closely related to the accuracy of the information. Therefore, in this part,the author elaborated on the relationship between the personal credit information and the rights protection of information subjects:based on the introduction of the time background of personal credit inquiry system, the thesis illustrated the main reasons that influent the accuracy of information, then analyzed the negative influences to information subjects brought by the error information, and pointed out the importance of subjects’rights protection from the Angle of guarantee the information accuracy.Although the importance of protecting the rights of information subjects t is universal for us, but the situation in our country is not optimistic. Our legislative system is not perfect, the rights of information subjects cannot be guaranteed. Because of the shortage of personality rights such as credit rights, many information subjects have to seek relief with the aid of the right of reputation, name, general personality and other rights in the judicial practice.In the last part, based on the previously parts,the author reached a conclusion:"law of personal information protection " need to be drafted, the rights of personal information and credit should be confirmed by law. In addition, the author also proposed other measures such as establishing a association of credit investigating industry, strengthening the propaganda of credit protection consciousness and so on.