The Legislative Perfection Of The Collection And Use Of Personal Credit Information In Personal Credit In China

In the legal system of personal credit system,the legislation of credit information collection is the first step,it is necessary to properly open the personal data,and to restrict the collection method and scope to avoid infringing on the personality rights of others.The regulation of the use of personal credit information is the second key step in the legislation of personal credit.Therefore,it is necessary to regulate the collection and use of credit data in order to develop the healthy and orderly development of personal credit industry and establish a system covering the whole society.At present,China has promulgated the"Credit Management Regulations","credit agency management measures" and "credit agencies supervision guidelines" and other laws and regulations to standardize the collection and use of data,but these provisions still have a lot of imperfect places.The existing legislation does not involve the self-discipline of individual credit,and lacks the self-discipline organization to standardize the collection and use of personal information through the establishment of internal information collection and use rules.As for the collection scope of personal credit information,because the current legislation does not stipulate the scope of the personal credit information to be collected,it only stipulates the scope of the personal credit information which is forbidden to collect and relative prohibition,which leads to the wide range of credit information collected by the agencies.The existing prohibitions and relative prohibitions do not meet the needs of personal credit,and they need to be further perfected and refined.The acquisition of personal credit information must be subject to the consent of the information but the existing laws and regulations do not stipulate whether express consent or tacit consent,the acquisition of consent is not clear,leading to the use of the default method to collect personal credit information,damage the legitimate rights and interests of information subjects.Personal credit information is used mainly for personal credit report and personal credit scoring standard.The current legal norm lacks the unified standard of credit report and credit scoring,which is not conducive to the formation of fair and reasonable credit evaluation,but also to the information sharing among different credit agencies,which affects the use of personal information.The existing law of our country does not distinguish the retention period of bad information,it is not proper,can not guide the bad credit subject to actively save the personal credit loss situation.The existing legislation does not involve the self-discipline of individual credit,and lacks the self-discipline organization to standardize the collection and use of personal information through the establishment of internal information collection and use rules.This article focuses on the collection and use of personal credit information based on the above questions.To define the scope of personal credit information permitting collection,Perfecting the range of personal credit information forbidden to collect,clarifying the consent mode of personal credit information collection,unifying personal credit information evaluation standard,distinguishing the retention period of bad information and perfecting the supervision system of collection and use of credit information in personal credit.