Research On The Balance Of Interests Of Personal Information Protection And Sharing In Big Data Credit

The advent of the era of big data has made the inertial logic of data sources,basic concepts,technical methods as well as the credit products & services of modern credit totally different from the traditional approach,which has created a new kind of "Big Data Credit " mode.With the incomparable efficiency and convenience of traditional credit,big data credit has developed rapidly in China recently,while its top-level design,operation mode,regulatory structure and other aspects are far from mature and remain to be solved.Thereinto,the conflicts between personal information sharing and protection,which have been long restricting the development of the credit industry,are intensifying and presenting a tension of imbalance in the era of big data.However,the current legislative and regulatory environment for big data credit in China,presents the following deficiencies: the incompatibility between the existing legislative framework and big data credit,lack of confirmation of interests for relevant subjects,and difficulty in forming an effective synergy for industry regulation.Further,the rights and responsibilities,cooperation and interaction,balance of interests of various parties in the legal relationship of big data credit need to be clarified.Inadequate preparation of system supplies and insufficient attention from the theoretical world have together led to the lack of overall coordination of the big data credit system,thus intensifying the conflict of interests in sharing and protecting personal information.Based on this,it is necessary to study the interests and the conflict of interests displayed in big data credit,and to make clear whether there is room for resolution,and if so,how to adjust the conflict of interests,and whether it can be adjusted by legal means.Further,the law should confirm what kind of interests,whose interests should be prioritized,what kind of law should be chosen and how the law achieve a balanced interest through specific system designs.Following the above logic line,this paper focuses on the conflict of interests and balance,explores and demonstrates from the perspective of economic law,and finally responds to related issues and proposes completion approaches to rebuild a balance.The paper consists of three parts.Part one is the issues putting forward,aiming to throw out the core issue of the imbalance between personal information sharing and protection.Although discussions on the issue have been going on for a long time,the advancement of big data technology broadens the sources of credit information,as well as accelerates the efficiency of information collection and sharing,which undoubtedly further magnifies this inherent contradiction.Started with the newly established Baihang Credit company,the paper focuses on reviewing the deficiencies of the current system and theory,and finally raises the urgent practical problem of imbalance between personal information sharing and information protection in big data credit.Part two is composed of Chapter I and Chapter II.Chapter I is the status quo analysis and risk analysis,while Chapter II further analyzes the underlying causes of the imbalance of interests.In Chapter I,the author first makes a brief introduction to the conception and characteristics of big data credit.Secondly,the author proposes that information sharing and information protection in the development of big data credit are the embodiment of their important interests,which should be confirmed first in the core proposition of this paper.In the second section,combining with the actual situation,the author details the predicament of imbalance between the two interests in practice.At last,it is suggested that risks and adverse effects will be born if the imbalance of interests occurs.Chapter II explores the causes of interest imbalance from the dimensions of "interest" and "value" in the field of law,and reveals that the essence of imbalance is the difference in interest selection and value orientation of various subjects.Fortunately,the opposition and difference is not irreconcilable.On the contrary,one can think of seeking a solution from a perspective of law.Part three of the article consists of the Chapters III,IV and V,aiming at looking for a legal solution to the issues of imbalanced interests.Chapter III is the content of the theoretical analysis,by demonstrating the inevitability of legal adjustment of interests imbalance,the defects of traditional private law adjustment,and the coupling of economic law and interest balance philosophy,it is concluded that the theory and guiding ideology of economic law should be adopted to break the aberration.Economic law has a high degree of conformity with interest balance philosophy in terms of basic ideas,value orientation and adjustment methods,and is the best choice to reshape the balance.Chapter IV mainly talks about comparative law analysis.Through the comparison and analysis of the legislation and regulatory models of the United States and Europe,the paper summarizes the commonness and individualities of the two territories and seeks the components which can be absorbed.Chapter IV is the last chapter of the paper.In order to optimize our country's system,the author selects the thoughts of economical law and fully combines enlightenments of overseas experience,and then design a new pattern of interests balance from macro-& micro-views.On a macro level,it is urgent to build a more compatible and proactive legislative system and regulatory paradigm,especially integrate the concept of economic law into the legislative system.In terms of specific suggestions,the balance of interests should be realized by establishing an effective self-discipline mechanism,designing the right-obligation structure of relevant subjects and smoothing channels of information sharing.Based on the above argumentation process,the paper mainly draws the following conclusions:1.The interest conflicts and imbalances between the sharing and protection of personal information in big data credit exist objectively,but they are not irreconcilable.The fundamental solution depends on the recognition,evaluation and arrangement of these two kinds of interests by the law as an external coercive force.2.In addition to focusing on the regulating function of traditional private law,it is necessary to give full attention to the coordinating and balancing role of economic law on personal information sharing and protection of interests.The society-based concept,the value of "balance and coordination" and the adjustment method of "combining incentives and constraints" which economical law shows can overcome the weakness of traditional private law regulation and is the best choice to solve the imbalance between information sharing and information protection in the big data credit.3.In the process of using economic law to regulate,the current adjustment method should focus more on the protection of personal information,while taking into account the market's demand for information sharing.Therefore,it should be strengthened from the two dimensions of institutional supply and regulatory care.And the design of big data credit legislation and supervision system,the construction of self-discipline mechanism,the distribution of subjects' rights and obligations,as well as the smooth flow of information sharing channels should all be guided and considered with the thought of economic law.