| The development of net work information technology such as big data has caused the types and contents of information related to individuals to change constantly.To some extent,the situation in which citizen's personal information has been leaked has become more frequent.For example,it has been exposed many times that the famous social networking site Facebook leaked user's personal information.At this point,the traditional privacy connotation has not met the needs of citizens to protect their personal rights.In the age of information underdevelopment,citizens are mainly concerned with the protection of personal privacy.This is mainly because the value of other personal-related information has not been discovered except for personal privacy,and the development of information technology has made it possible for operator to discover information that can bring commercial value in a complex and disorderly flow of information,and to change the traditional way of doing business in order to improve its market competitiveness.In the financial sector,the application of financial big data accelerates the speed of financial consumers' handling of financial services,reduces the operating costs of financial institutions and finds new revenue points for them,but on the other hand,financial consumers are trapped in the risk that personal financial information is more vulnerable to disclosure and theft.Financial institutions or third-party organizations analyze and organize the personal financial information generated by financial consumers in the process of handling business and transactions,so as to further grasp the financial consumer's consumption habits,financial capabilities and other information,and market them accordingly,thus disrupting the peace of financial consumers' personal lives.In practice,cases in which criminal use personal financial information to swindle financial consumers for financial fraud also occur from time to time.At this point,information infringement related to financial consumers is no longer limited to privacy.Other information such as disclosure of funds account information will also cause damage to financial consumer rights.To some extent,in the financial industry,traditional privacy protection should be transformed into personal financial information protection.Why should we specifically emphasize the protection of personal financial information rather than the direct application of personal information to protect the information rights of financial consumers? This is mainly based on the following two considerations: firstly,although the current General Principles of Civil Law of China stipulates the right to personal information in Article 111,this provision mainly plays the role of declarative clauses,is not operable,and does not have much benefit in personal financial information;secondly,personal financial information has its own particularity,and its coverage is greater than financial privacy,and its professionalism is stronger than that of general personal information,and the relief mechanism is also different.It can be seen that the special discussion on personal financial information protection has a realistic basis.As the subject of personal financial information,financial consumers need to be defined so that we can clearly protect the objects.At the same time,it is also necessary to analyze the relationship between personal financial information and personal information,financial privacy,in order to solve what kind of information should be included in the scope of personal financial information protection.The solutions to the above issues are the starting of personal information protection.In addition,the protection of personal financial information must first clarify what rights are established on personal financial information,that is,to understand its legal attributes,because it is directly related to how to solve the problems which personal financial information is infringed.As a tool and means to protect the rights and interests of citizens,the law can only better protect the financial information interests of financial consumers only by establishing a sound legal system for personal financial information protection.However,combing the general situation of China's personal financial information protection legislation and important legal documents,we can find that there are many deficiencies,in order to better protect the rights and interest of financial consumers,to avoid leakage of personal financial information,it is necessary to study how to better protect financial consumer personal financial information from the perspective of legislative perfection. |
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