Research On Legal Issues Of P2P Lending Consumers' Personal Information Protection

The in-depth development of the P2 P network lending industry has created a lot of risks while providing convenience to consumers.In particular,the risk of infringement of consumers' own information rights has increased significantly.China's current financial consumer rights protection framework has not been perfected.The laws and regulations that protect the financial consumer's personal information rights,especially the laws and regulations that financial consumers can directly apply,are insufficient.P2 P network lending is a lending model based on the Internet among individuals.In the process of lending,consumer information rights and interests are often violated,causing losses to consumers,causing consumers to lose confidence in the online lending platform,which seriously restricts The development of the industry.China's current law can not provide perfect protection for consumers' personal information rights in this industry.How to strengthen the protection of financial consumers' personal information rights and protect their legitimate rights and interests is an urgent problem to be solved at present.This thesis conducts in-depth research and analysis on the theory of information rights of financial consumers.For the problems encountered in the protection of personal information of financial consumers in China,based on the experience of foreign financial consumer protection,it proposes corresponding improvement Suggest.In addition to the introduction and conclusion,the text is divided into four parts:The first part is to explain the basic problems of P2 P network lending consumer personal information,including the definition of P2 P network lending,P2 P network lending consumers and their personal information,and the connotation of consumer personal information explain,and from the perspective of general personality rights theory and fairness and justice principles,the legal basis of P2 P online loan consumer personal information protection is summarized.At the same time,the necessity of protection is expounded from the aspects of the interests of consumers' personal information and the weak position of consumers.The second part summarizes the current legislative situation of P2 P online loan consumer personal information protection in China,and briefly expounds the current consumer information in China's P2 P network lending field from four aspects: legislation,supervision,self-regulatory supervision and consumer personal prevention.Problems in the protection of rights and interests.In terms of legislation,the legislation of personal information is more dispersed and the specific protection mechanism is imperfect.The supervision aspect is explained from the setting of the regulatory body and the supervision of personal credit.The self-regulatory supervision of the operators mainly includes improper collection and utilization of consumption.The problem of the technical level of personal information and platform,the personal prevention of consumers is mainly the lack of financial education and the lack of attention to the protection of personal information.The third part is mainly to introduce the consumer personal information protection system of foreign P2 P online loan industry.Firstly,it introduces the personal information protection mechanism of P2 P online loan consumers in the United States,Britain,Japan and Taiwan from three aspects of legislation,supervision and dispute resolution mechanism,And put forward the experience of the protection of consumer personal information in the field of P2 P network lending in China,such as the improvement of personal information protection mechanism,effective personal credit system supervision and clear technical specifications.The fourth part is to solve the existing problems of the protection of personal information rights of P2 P online loan consumers in China,and put forward corresponding suggestions for improvement.In the legislation,a personal information protection law is enacted and the provisions on tort liability are improved.At the administrative supervision level,the coordination and communication between the regulatory agencies is strengthened,and the personal credit information system is improved.In the self-regulatory supervision,the network loan platform is mainly strengthened.The construction of the internal control mechanism and the self-regulation of the industry associations should also strengthen the financial education for consumers and raise the awareness of financial consumers' personal information protection.In addition,in the dispute resolution mechanism,suggestions were put forward for the implementation of network arbitration and the establishment of a financial ombudsman system.