Research On The Perfection Of Individual Credit Information Consent Rules

Personal credit information is an activity that collects,organizes,stores,processes,and provides information to an individual.The credit reporting agency collects relevant credit information of the information subject from various channels according to certain business rules,and organizes and processes the credit information products such as personal credit reports,provides credit information services to third parties,and satisfies market credit transactions.The Regulations on the Administration of Credit Information(hereinafter referred to as the “Regulations”)stipulate business rules in Chapter 3,and the consent rules are one of the business rules.The consent rule provides the controlling rights for the information subject to collect and use the credit information.The information subject agrees to authorize the collection and use of his personal information to achieve the legislative purpose of protecting personal privacy,and when the credit reporting agency and the information user obtain the information subject's authorization,its collection and use behavior also has a justification basis.In analyzing the legislative provisions and legislative purposes of the consent rules and combining their analysis of the status quo in practice,we found that the consent rules have the following problems: First,the consent rules expression pattern.For example,the consent of the collection consent is unclear,whether the consent is implicit consent,express consent,written consent or other means,Article 13 of the Regulations does not express clearly;second,the consent rules operation mode.For example,the bank credit business complies with the requirements of Article 29 of the Regulations,the personal information subject lacks the corresponding modification and rejection rights to the format clause.In order to successfully obtain the bank's loan,the personal information subject chooses to agree.The collection and authorization of personal information also can be provided to specific third parties.This situation is not conducive to protecting the privacy of personal information subjects;the third is the consent rules in sensitive information application.For example,in the big data credit,it involves valuable supplementary information,which has the attribute of sensitive information.However,China only has national standards for sensitive information,and lacks legislative provisions,making the role of consent rules in big data credit very limited;the fourth is the consent rules in big data credit application.Because big data credit has the characteristics of wide information source,easy access,deep mining,etc.,the expression and operation of the consent rules of big data credit information in the information collection link is more flexible and easy to collect without the information subject consent.That violates the privacy of the subject of the information.Through a correct understanding of the development of China's personal credit information,the value of the information and the problems that arise are based on the use of the information rather than the collection,distinguishing the application of the consent rule in the collection and use of information.It is clear that the purpose of personal credit in China is to protect personal privacy and promote the development of personal credit reporting,so we need improve the consent rules.On the basis of drawing on the legislation of personal credit reporting outside the domain,the implementation of “wide-in and strictout”,distinguishing general credit information and sensitive information,canceling the collection and consent of general credit information of information subjects,and strengthening the ability of individuals to authorize consent to credit information in the use process.Increase the responsibility and obligation of credit reporting agencies and information users to protect personal information.For the consent rule itself,expressly agree to the standard of meaning expressed,and refine the specific content of the operation mode.For the big data credit model,it is recommended to legislate to regulate the content and standards of sensitive information,and strictly limit the collection and consent of sensitive personal information.Let the personal credit approval rules adapt to the new development model of the personal credit information industry,and keep pace with the times,so that China's personal credit information industry can play its due credit economic value.