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Study On The Privacy Protection Of Internet Financial Consumers In China

Posted on:2017-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuanFull Text:PDF
GTID:2336330488981552Subject:Business administration
Abstract/Summary:PDF Full Text Request
As the world wide web develops at a top speed, with economic globalization and deepening of financial reform, contributing to the booming development of mutual mixed and mutual promoted internet and finance. Internet financial management, P2 P lending, crowdfunding, Yuebao, Licaitong, and other internet financial products become popular, and internet finance has become an upstart in the field. It is characterized by complexity, indirectness of chain, and vulnerability of credit, leading to a frequent infringement to financial privacy right in internet financial activities,The lack of special law in our country at present to provide adequate protection for the rights. Although privacy right of internet financial consumers is an outcome of internet financial activities in the internet era, it is still a part of right of privacy, and it's an extension of the latter. Besides, privacy right of internet financial consumers has the nature of right of personality and property right, so it should be respected and protected by legislation, judiciary, relevant industries and individuals as traditional right of privacy.Internet finance is still a new thing in our country and effective legal regulation of new things is often in backward status. There is no special legislation on the privacy protection of Internet financial consumers in China and the legal protection can only be on the basis of the Constitution on regulation of the protection of personality rights, the Tort Liability Act on regulation of Internet service providers' disability to infringe upon other persons' civil rights and interests, the Consumer Rights Protection Law on the Internet financial operators' disability to arbitrarily collect, disclose and use the consumer's personal privacy information as well as the Commercial Bank Law on relevant laws and regulations of commercial bank staff's disability to disclose trade secrets and so on. But the current situation of China's privacy protection of Internet financial consumers shows that the relevant legislation is relatively scattered and abstract, the relevant provisions lacks of centralized and special content, there is no a unified supervision organization because of the boundlessness of the Internet, uncertainty of tort subject and fact in solving the disputes, the jurisdiction remains difficult and consumer's awareness of self-protection stays weak and so on. Therefore, all of these make it difficult to adapt to the special needs of financial consumer's privacy protection.Western countries walk ahead of us in the protection of privacy right of internet financial consumers, some even have established perfect legal system for the right. Only by comparing legislation of western countries and regions and considering their comparatively advanced legislative ideas and regulatory system frame as well as combining with China's specific situation can we give an effective prescription for protecting right of privacy of internet financial consumers in China,the paper is based on the present situation of Internet financial consumer's privacy protection in China. First of all, at the legislative level, the existing laws and regulations can be amended and then it still needs to develop a unified network of financial services under the mature conditions. In addition, a clear regulatory objective should be set on Internet financial supervision and it is necessary to change the regulatory approach and further improve the regulatory coordination mechanism. Then, about the dispute resolution mechanism, online complaint reporting platform for Internet financial consumer services should be established and it's also important to perfect the arbitration system and the judicial relief system of dispute resolution. What's more, guide consumers to improve self-protection awareness. From above measures, it matters to deal with the relation between development of Internet banking and protecting the Internet financial consumers privacy so as to promote the healthy and rapid development of China's Internet finance.
Keywords/Search Tags:Internet consumer finance, Financial consumer internet Privacy, Protection of privacy
PDF Full Text Request
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