In The Theory Of Internet Credit Control Of Personal Information Protection

January 2015,the people's Bank of China issued a notice requiring sesame information as the representative of the 8 institutions to do a good job in the preparation of personal credit information business.Due to the newly approved social credit agencies in the nature of the organization and business models and many other aspects of the Internet are closely linked,therefore,this model will be referred to as scholars' Internet Credit.The first batch of licenses for these credit institutions,we can find some credit institutions both have the same characteristics,is that these credit institutions have internet background,the mode of operation of these credit institutions is mainly based on the Internet technology as the basis,then the personal information collection,processing and use.It is because of this,some scholars in China will be such a credit model called Internet Credit.In the process of credit information,the main body of information to a certain extent,the sacrifice of personal privacy,but also in a passive state,especially in the context of Internet information,the right to personal information is undergoing a severe test.The main performance is the following: first,the first legal deficiencies,and China has no specific law on the protection of personal information,for the protection of personal information mainly scattered in different laws and regulations;secondly,the legislative level is low,the current laws and regulations on Internet credit is mainly in 2012 the State Council promulgated the administrative rules and regulations – “Credit Management Ordinance”,the legal provisions are too vague and in a low level.Finally,the regulations of main business behavior for credit institutions,and does not take into account the special mode of Internet credit.At the same time,although involved for the protection of information rights,but it is too simple,and individual rights set unreasonable.Is based on this environment,making the Internet credit of personal information infringement is more serious.Compared to foreign countries,the United States and the European Union have relatively good protection of personal privacy.Compare to foreign country,the European countries attach great importance to the protection of personal data,especially since the establishment of European Union.Since the EU began after the establishment of the legislative work,the protection of personal data in 1995,the European Parliament passed "on the protection of personal information processing and free mobile Instruction >(hereinafter referred to as the" 95 orders ")to strengthen.Personal data protection.But with the development of the times,especially in the era of big data,the Internet for personal information collection,processing and use of personal information security is a great challenge to the supervision,after nearly 20 years of practice,has been unable to meet the 95 instruction under the background of big data for the protection of personal information in early 2012.The European Commission,put forward" 95 orders "the draft of the revised universal data protection regulations--(General Data Protection Regulation,hereinafter referred to as GDPR).2015 December 15 Day,GDPR formally approved at the EU level.Therefore,this thesis on the basis of the United States and the European Union to protect personal information on good practices,according to the reality of our country,hope the right to control personal information system of Internet credit construction background,to balance the relationship between the protection of personal information and Internet credit machine business.Specifically,this paper consists of five parts:The first part,the basic concept of personal information control,this part is the theoretical basis.Mainly from the personal information control is proposed,the evolution to the concept of personal information control,legal attribute and the basic content,clarify the basic concept of personal information control,which discusses the theoretical basis of personal information control.At the same time an overview of personal information Internet credit control challenges and opportunities.On the basis of theoretical explanation,discusses the concept of Internet credit,characteristic and mode,challenges and opportunities to protect personal information control focuses on the Internet under the background of credit.The second part,the right to decide the collection of personal information and personal information.This part mainly analyzes from the perspective of personal information collection,first summarized the main problems existing in the current Internet credit institutions in China to collect personal information in the process,and the regulations about the current laws and regulations of our country and the current situation of legislation,and then introduces the experience of the European Union and comparative analysis,finally make a brief summary and analysis of reference.The third part is the personal information and of dissent and the right to correct the right to know personal information.This part of the information processing perspective,firstly,China's current Internet credit institutions in the handling of personal information in the course of the problem,China's current legislative situation,then analyze the developing experiences of the European Union,according to the two part of the paper,summarized and analyzed.The fourth part,the use of personal information and personal information right to be forgotten.The part to use information from the perspective of China's first summarize the current Internet credit institutions in the handling of personal information in the course of the problem,China's current legislative situation,then analyze the developing experiences of the European Union,according to the two parts of the paper,were analyzed.The fifth part,the conclusion.According to the first three parts of the problem,the experience of the development of domestic legislation and the EU,in order to perfect the legislation,strengthen the construction of legal system,strengthen supervision and self-discipline and other relief ways of exploration,put forward to build the right protection system of personal information control in China,so as to better protect personal information.