The Civil Law Protection Of Personal Credit Information

We are in the information age, the Internet and other information technology innovationand popularity of the large-scale collection of the personal information and statistics becomemore easy. Our first experience of well-being brought about by the digitization of personalinformation, but also to truly appreciate its problems. Credit information as the records of thecredit status of the individual in the social and economic activities, it is a prerequisite foreconomic and social subjects to understand the basis of the good faith and credit status of thestakeholders, but also the social credit system construction. Basic civil law, however, thebasic norms and the main content of the personal credit information remains in the legislativegaps, it can be said, the protection of personal credit information is not yet institutionalized,more did not reach the protection of personal privacy expected. As an entry point to the basiccategories of personal credit information protection through analysis and theoreticalexamination of the judicial practice of personal credit information, to further clarify the basicdirection and method of protection of personal credit information. In addition to theintroduction, consists of four parts, a total of three thousand words.The first part, the basic personal credit information, protect areas. This part of theanalysis of the basic problems of the basic definition of personal credit information, contentand scope, the main controller. Personal credit information, and personal record of theformation of the performance or non-performance of obligations in the credit activities andrelated data, which includes basic personal information, personal business credit status andother information that reflect the personal credit situation. Personal credit information mainlysubject to a natural person, and for other special main selective protection. Control of thepersonal credit information, in Personal Credit legal relationship and the different stages ofthe processing of personal information, are important role, plays a crucial role.The second part, the combing of our personal credit information protection legislationand judicial practice. Our country is in the economic and social transformation, the seriousproblem of the lack of honesty, and social integrity of the building with the urgency andimportance. For now, however, regardless of credit reporting legislation or practice of creditinformation in its infancy. Judicial practice for the protection of the personal credit information did not reach a consensus, independence highlights the value of the personalcredit information, but have not yet been clearly positioning.The third part, the personal credit information in the right perspective. Personal creditinformation, whether in the field of public law or private law vision can be found in thecorresponding provisions of the starting point of the Personal Information Protection shouldbe the protection of private rights; personal credit information, personality rights, not propertyrights, they reflect the economic value of the real for the the personality right propertyinterests; Privacy development and local characteristics, personal information under thePrivacy concept will undoubtedly be better protected.The fourth part, the basic architecture of the personal credit information, protect.Through the analysis of the practice and theory from the mode of personal credit informationprotection legislation, the basic principles of the subject of rights and the protection ofpersonal credit information, protect the basic architecture. Legislative model, should be basedon the civil law protection as the core phase auxiliary public law; legislative system to takethe Basic Law, plus the pattern of a single law. The principle of the protection of the personalcredit information is necessary to learn from the advanced experience of foreign countries, butalso to adapt to China’s national conditions and practice. Personal credit information, not onlyto establish rights framework, but also to improve the relief system.