Research On The Protection Of The Information Subject's Rights And Interests In Big Data Credit Investigation

Credit investigation is an activity that is provided to users after collecting and processing the basic business data.While big data technology provides massive data materials to the credit reporting industry,it has influenced the product design concept of the credit investigation industry and changed the manufacturing process of the credit investigation products.Now it has become the cornerstone of the future development of the credit investigation industry.Unlike traditional credit investigation,big data credit investigation is based on the Internet and uses big data technology in the process of data collection,dealing,and processing of credit investigation activities,showing the characteristics of diverse subjects,high degree of marketization,wide coverage of groups and fields,etc.On the one hand,it has the advantages of low data collection cost and more comprehensive and reasonable credit evaluation.On the other hand,it also makes the information subject in a more vulnerable position,and its rights and interests face the risk of being infringed.Therefore,it is necessary to discuss and study the protection of the information subject's rights and interests and related regulatory issues under the big data credit investigation.In addition to the introduction,this article is divided into four parts:The introduction presents the background and significance of the topic selection.Big data credit investigation can give full play to the huge potential of fintech in credit investigation,but at the same time,new problems arising from the protection of the rights and interests of information subjects in big data credit investigation have caused my thinking.I hopes that by studying the protection of the rights and interests of information subjects in big data credit investigations,the benign development of the big data credit information industry will be promoted,and it will be helpful to recognize the current direction of the rights and interest protection work.The first part is an overview of big data credit investigation and its information subject protection theory.On the basis of clarifying the basic connotation and development status of credit investigation and big data credit investigation,a comparative analysis is made of the characteristics of credit investigation under big data era.Through the legal definition of the information subject and its weak status,it explains the need to protect its rights.It also discusses the new trend of the protection theory.The second part analyzes the main issues of information subject protection in China's big data credit investigation.This section mainly analyzes the protection of several main rights and interests of the information subject and the supervision system of credit investigation institutions: First,it is difficult to implement the right to know and the right to consent,and the implementation of the right to consent has problems of “mandatory consent” and difficulty in identity verification.The right to know is weakened in the absence of "general authorization" and the lack of operational specifications for the obligation to inform bad information;Second,the credit repair mechanism is not perfect.The form of deletion in which information will no longer displayed makes the effectiveness of the credit repair mechanism questionable,and some credit investigation institutions have not provided for information use period;Thirdly,the channels of right relief are blocked.Difficulties in calculating the amount of damages and the burden of proof are not conducive to safeguarding the rights of information subjects;Fourth,the regulatory system and measures are lagging behind.Supervision has fallen into regulatory dilemmas and the regulatory approach does not adapt to regulatory dilemmas under the development of big data and so on.The third part proposes the corresponding perfection path in light of the problems existing in the rights and interests of the subject of big data credit investigation,drawing on some foreign successful experiences.First of all,we must strengthen the protection of the right to consent and the right to know.In the protection of the right to consent,we must ensure that the consent is authorized to be made freely.While it is necessary to enrich the identity verification methods before the exercise of the right to consent.With regard to the protection of the right to know,while ensuring the effective form of the right to know in the collection and use of information,it is necessary to specify the way in which the obligation to inform bad information;Secondly,to improve the credit repair mechanism,it is necessary to formulate credit repair laws and regulations,establish special agencies,and type credit repair methods;Thirdly,it is need to improve the credit subject's right relief system.Introduce the "revers onus" system,and clarify the standard of civil compensation.Finally,we need to improve the effectiveness of regulatory systems and measures,explore the establishment of industry self-regulatory organizations,and innovate regulatory measures.Attach importance to the protection of the rights and interests of information subjects in big data credit investigation,and reasonably guide and supervise the business development of big data credit investigation institutions,so that the industry can be better developed.