| In recent years, China's Peer to Peer lending activities are unusually active, and it becomes a trend for people turns to discuss the related topics. P2 P lending is a private lending extension and innovation in the online world. It enrich our financial activities, and meet personal financial needs, and greatly make up for the traditional lack of finance. For some time, however, the focus of attention of the state and society are only P2 P lending in credit risk prevention, as well as determine the nature of the network lending platform, protection of personal information has not been able to arouse the attention it deserves. P2 P network is a person to person lending of credit lending model. If customers' personal information security is not guaranteed, it will threaten the interests of personality rights and property rights, and make the participants lose confidence in the P2 P lending network, and hinder the development of the industry. At last, it will not conducive to China financial reform and financial product innovation. Unfortunately, our law is temporarily unable to provide adequate protection for personal information industry, on the whole, there are many legal loopholes and regulatory gaps exist in the laws. Therefore, P2 P lending network protection of personal information as how to start, what actions should be taken have become a reality problem to be solved.This article will point out the real problem by the personal information of part P2 P network lending infringement cases and P2 P net loan industry report, and then discuss the significance of this research, and explains the research perspective. On the basis of the relationship between the P2 P network lending and the protection of personal information, combined with current legislation and reality, and then analyze the current legal loopholes and implementation difficulties of the personal information protection of the P2 P lending. At same time, learn experience from several countries on the current rapid development of P2 P networks legal protection. And on the basis of China practical realities put forward the concrete measures of personal information protection law of P2 P network lending.Paper is divided into four parts.The first part is about the relationship between P2 P network lending and protection of personal information. This part will define the concept of P2 P lending, and analyze the particularity of the personal information protection in P2 P network lending and threats from P2 P network lending to personal information security. After elaborating the concept of P2 P network lending, and making a comparative analysis of the differences between it and traditional commercial lending or private lending, the paper summarizes the characteristics and value of the P2 P network lending. On this basis, combined with the practical case, from the perspective of the particularity of the personal information protection, the author argues about the threats from P2 P network lending to personal information security and appeals to urgent need to provide legal protection.The second part is the investigation about the Current Situation of the protection of personal information security in P2 P network lending. This part centers on analyzing the current legislative situation of personal information protection in P2 P network lending and difficulties of legislation implementation. Then, it summarizes the law on personal information protection in P2 P network lending, and reveals the issues existing in personal information protection in P2 P network lending from the perspective of P2 P net loan platform angle of internal and external threats, such as the imperfect legal system and the risks technical information existing in net loan and difficulties in supervising personal credit system.The third part is the outside research of personal information protection in P2 P net loan. This part refers to personal information protection system in P2 P net loan. By introducing some classical countries in the aspect of personal information protection in P2 P net loan, such as the United States, Britain and Germany, and then analyzing their personal information system in P2 P network lending, summarizing the basic framework of personal information system in these countries, exploring legislative spirit of personal information protection in the P2 P network lending, the author sums up three points of experience and enlightenment in personal information protection as follows: First, the perfect personal information protection system in P2 P lending network is needed; Second, we shall build a kind of effective credit supervisory system; Finally, we needs clear technical specifications.The fourth part is about some countermeasures of improving personal information protection in P2 P net loan. Here is the core part of this whole article, we focus on proposing specific improvement measures of personal information protection in P2 P lending network. Based on the current legislative situation and implementation difficulties of personal information protection in P2 P lending in the second chapter, with reference to the experience of the outside legal protection of personal information in P2 P network lending, the paper puts forward some specific suggestion to improve personal information protection system in P2 P lending: First, to improve the rules of personal information protection in P2 P net loan; Second, to improve the personal credit system in P2 P net loan; Third, to strengthen information security in P2 P net loan. |
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