The Theory On The Conflict And Balance Between Individual Credit Collection And Privacy Protection

In recent years,with the arrival of the big data era and the continuous improvement of our social credit system,the credit information market in China has developed rapidly.Personal credit information effectively standardizes personal credit behavior,reduces credit risk and improves transaction efficiency.The behavior of personal credit information is mainly the collection,processing,storage and use of credit information,which all revolve around personal credit information.But because part of the information in personal credit information is also the object of privacy protection,the privacy of information subject will inevitably be touched in the credit information activities,which will form the conflict between personal credit information and privacy protection.How to effectively guarantee the smooth progress of credit information activities,but also legal maintenance of personal privacy,gave birth to the balance of personal credit information and privacy protection conflict of legal thinking.The Regulations on the Administration of Credit Information Industry,promulgated and implemented in 2013,is the highest regulation in the field of credit information in China at present.However,the provisions of the Regulations have a strong principle and lack of specific norms at the legal level,especially the provisions on the definition and protection of privacy are more vague.The United States and the European Union have formed a more systematic legal framework in the process of making and perfecting the law related to credit information,which has some enlightenment for our country to balance credit information and privacy protection.Firstly,this paper expounds the basic theory of personal credit and privacy;secondly,the conflict analysis of personal credit and privacy protection,with emphasis on the manifestation and cause of the conflict;secondly,taking the United States and the European Union as an example,this paper discusses the balance of personal credit and privacy protection in the extraterritorial legislative system;Finally,this paper studies the system construction of the balance of personal credit information and privacy protection in our country from the aspects of basic principles and specific systems.By standardizing the scope and methods of personal credit information collection and use,clarifying the obligation of information confidentiality of each subject in personal credit information behavior,protecting the dissent right of the subject,perfecting the remedy way of privacy right in personal credit behavior,and perfecting the credit information supervision system,this paper expounds the concrete path of balancing personal credit information and privacy protection under the background of information opening.