Comparative Study On The Protection Of Personal Credit Information Between China And Japan

Human society has experienced a transition from "acquaintance society" to "stranger society".People's transactions are no longer limited to traditional timely delivery,and credit transactions have greatly developed.In order to understand the credit status of traders in credit transactions and to ensure the security and smooth conduct of credit transactions,personal credit investigation was established.Personal credit information is the basis of all aspects of personal credit information activities.However,there is a natural conflict between personal credit investigation and personal credit information protection: on the one hand,personal credit investigation will inevitably collect,process,use and share personal credit information;On the other hand,the transaction subject will claim to protect relevant personal credit information based on rights such as privacy and credit rights.Therefore,establishing and improving the personal credit information protection system is an extremely important issue in the field of personal credit information.Throughout China's existing legislation,China's current legislation on the protection of personal credit information is still in a very weak state.The primary problem is the lack of a comprehensive personal information protection law,followed by the lower level of regulatory documents such as the Regulations on the Management of Credit Information in the regulation of individual credit information,including the collection,use,and preservation of personal credit information for personal credit information.The specific regulation of the link is more general.In contrast,Japan's legislation on the protection of personal credit information has the characteristics of the US Separate Legislation Model and the EU Generalized Legislative Model,and has developed a comprehensive Personal Information Protection Act and issued guidelines for the financial sector.Japan established a systematic protection system and made detailed regulations on the collection,use and preservation of personal credit information.Based on this gap,this paper makes a comparative study on the protection system of personal credit information between China and Japan.This paper mainly uses the literature data method,the normative analysis method and the comparative analysis method.In addition to the introduction and conclusion,it is mainly divided into three parts.The first part elaborates the basic theory of personal credit information protection system.First,it discusses about the basic theory of personal credit investigation,including interpretation definition and value analysis.Secondly,it discusses the basic theory of personal credit information,including the definition of the connotation of personal credit information,the analysis of its legal attributes,and the relevant doctrines that explain the rights of protection.Finally,the conflicts between personal credit information and personal credit information protection are discussed,and the necessity of personal credit information protection is analyzed from the basic theoretical level.The second part compares the current situation of personal credit information protection between China and Japan by combing the laws and regulations related to personal credit information protection,and analyzes the existing problems in China and the reference of the legislative model of personal credit information protection in Japan.The third part compares the specific regulation of personal information protection between China and Japan from the three aspects of collection,use and preservation of personal credit information.It is divided into the following threeaspects: the scope of collection of personal credit information,the limitation of the purpose of use,and the provisions of the retention period.Through comparative analysis,we are committed to proposing legal suggestions for improving the protection of personal credit information in China.First,the scope of collection needs to be clearly defined,mainly by dynamically defining personal sensitive information and focusing on the collection of positive information.Secondly,the purpose of using personal credit information needs to be limited,including the purpose of specifying the purpose,and distinguishing the authorizations for different purposes of use.Finally,the retention period needs to be refined,including the retention period for positive information and the retention period for different periods.