Study On Legal Protection Of Individual Rights In Internet Credit Investigation

China's Internet credit investigation industry is gradually emerging.Internet credit investigation uses big data technology to mine,process and analyze personal or enterprise network information to make credit evaluation and provide credit investigation products to credit information users.In the process of Internet credit investigation,individuals have the right to decide whether to consent to the collection,processing and dissemination of personal information,personal privacy information by credit investigation agencies;Individuals have the right to fully understand how credit investigation agencies collect,process and disseminate personal information and privacy information;Individuals have the right to propose corrections to personal information and privacy information that they believe were collected in error,and they also have the right to request credit agencies to make fair credit evaluations of individuals.The current Internet credit investigation protection law of personal rights and interests is imperfect,the Internet credit investigation business is not yet standard,such as the Internet credit investigation agencies use format terms,compulsory license in contracts to collect personal information,using big data means to grab the privacy information,and Internet credit investigation evaluation mechanism is not sound.In order to protect the rights and interests of individuals in Internet credit investigation,laws and systems are needed to regulate the Internet credit investigation industry.The core legal relationship in Internet credit investigation is the legal relationship of information licensing contract between Internet credit investigation agencies,credit information providers,credit information users and individuals.The content of the legal relationship is the rights and obligations of each subject in the information licensing contract.Internet credit legal relationship object contains a large number of personal identification information,public information,a large number of property information,such as credit transactions information,the network shopping information,personal privacy information such as Internet browsing records.At the same time,it also includes the information of inquiry records formed in the process of credit investigation.At present,there are many problems in the protection of personal rights and interests in the process of Internet credit investigation in China.First,the lack of Internet credit personal rights protection law basis,such as the right to personal information,the right to privacy,the credit right;The credit investigation law provisions is not rigorous in individual rights and obligations of credit investigation agencies in Internet credit investigation.Second,Internet credit investigation business is not standardized,objection channel is not smooth,credit evaluation mechanism is not perfect.Third,the absence of supervision,the lack of Internet credit administrative supervision effective means and industry self-discipline management.Based on the experience of the decentralized industry legislation protection mode in the United States and the unified personal information legislation protection mode in Germany,the countermeasures for the protection of personal rights and interests in China's Internet credit investigation are obtained.First,to establish the personal information rights,credit rights,privacy in the civil law.Second,in the legislation of the credit investigation industry,according to the characteristics of the information utilization of the credit investigation industry,revising the content of individual 's rights such as the right to know,the right to agree,the right to disagree,the right to credit and so on,and strengthening the obligations of Internet credit investigation agencies in the credit investigation.Third,we should standardize Internet credit investigation and strengthen administrative supervision and self-discipline.