Research On The Tort Law Protection Of Personal Financial Information In My Country's Banking Industry

Personal financial information is the embodiment of personal information in the financial field.Compared with general personal information,it has particularity.In practice,there are many cases of infringement of personal financial information mainly by banks.However,the current legislation ignores the provisions of civil liability of the infringer,and the application of the existing provisions of the tort law is lack of comprehensiveness and standardization,which will inevitably lead to the loss of the tort law in the protection of the civil rights and interests of the individual financial subject,thus endangering the information security of the financial industry,as well as the healthy and sound development of the national economy.It is urgent to perfect the protection rules of tort law of personal financial information.Therefore,based on the theoretical research,combined with the current situation in judicial practice,this paper aims to identify the key issues,draw lessons from foreign legislation,and put forward suggestions to improve the protection of personal financial information tort law in China's banking industry.The article is divided into four parts:The first part is an overview of the protection of personal financial information tort law in the banking industry.First of all,it defines the personal financial information,and further points out that the personal financial information is formed in the financial business transactions,more reflects the property interests,and is closely related to national security.In practice,the current situation of a large number of cases of infringement of personal financial information shows that it is of great theoretical and practical significance to improve the protection rules of infringement law of personal financial information.This paper analyzes the current situation of the protection of personal financial information in tort law,and points out that there are some problems in the protection of personal financial information in tort law,such as unclear civil rights basis,imputation principle and exemption cause,and difficult to support claims for damages.The second part deals with the primary problems to be solved in dealing with the disputes of personal financial information infringement,and clarifies the Civil Rights Foundation protected by the tort law.Referring to the experience of the United States,Germany and Japan in the protection of personal financial information,combined with the judicial practice of our country,the key to clear the problem is whether the protection of personal financial information tort law can take the path of privacy or general personality rights.It is clarified that the application of the protection path of privacy has its special context,while the general terms of personal rights play a more fundamental role and have a certain degree of abstraction,which are not well applied in,the protection of personal financial information tort law.In the legislative and judicial practice of our country,we can learn from the practice of Japanese law and adopt the protection path of personal information right.The third part demonstrates and analyzes the principle of liability fixation and the determination of exemption.In China's current judicial practice,the principle of general fault liability is generally applied to the determination of tort liability of financial institutions such as banks,which is very easy to make the rights of information subject fall short.We can use the experience of other countries and regions for reference,and put forward the suggestion that different liability principles should be applied to different subjects.In addition,the normative documents on the protection of personal financial information in our country are scattered and disordered,and the provisions of exemption reasons are not clear.On the basis of in-depth study of foreign legislation,we should clarify the specific contents of exemption reasons,and strive to achieve the balance of interests in the protection and circulation of personal financial information.The fourth part,on the premise of infringement cognizance,analyzes and demonstrates the undertaking of specific responsibilities,and puts forward suggestions for improving the liability for damages.In judicial practice,no matter whether it is a tort or not,the main claim of personal financial information subject's damages is difficult to be supported.The reason lies in the fact that it is difficult to identify the actual damage and the standard of compensation for mental damage is not clear.On the basis of reference to the legal compensation,maximum compensation,punitive compensation and other systems outside the country,this paper puts forward some suggestions that China can appropriately expand the punitive compensation system,and integrate it with the legal compensation and maximum compensation system.We should pay attention to the new forms of damage such as the secondary damage caused by information disclosure,and appropriately expand the scope of damage identification,so as to achieve the good effect of effective prevention in advance and effective relief after the event in the protection of personal financial information in tort law.