| The construction of credit system is an important part of Our Country’s comprehensive deepening reform at present.In 2014,the State Council issued the "Social Credit System Construction Outline(2014-2020)".In which it clearly put forward to promote the Social Credit System that covers the whole society based on the laws,regulations,standards and contracts and from several aspects like the administrative integrity,business integrity,social integrity and judicial public trust.Local governments of several provinces and cities have actively promoting the construction of local credit system.Especially Shanghai has carried out local credit system legislation from the public credit information collection point of view etc.The use and collection of credit information and personal privacy protection and so on have always been a major problem in the construction of credit legal system though the construction of credit system is in full action in all society.In particular,personal network information disclosure is attracting more and more attention from all sectors of society as the rapid development of the Internet.At the same time,the protection of individual privacy has been confirmed to be written into the Civil Code in the process of compiling the “Civil Code(Draft)”of our country.How to balance between the protection of privacy and the use of credit information is the key to the construction of credit system.This paper analyzes the construction of our country’s credit system from the use and collection of credit information;and analyzes the concept,category and present situation of privacy protection;Combing the existing provisions of the system of privacy protection referring to the stipulations of credit system and privacy protection in developed countries,And further discusses the privacy protection mechanism in the process of credit information collection and use in our country.The paper divides the credit information collection and use into the public credit information and market credit information,analyzes the legal basis of the "public interest" of public credit information collection & use,and the legal basis of "credit subject consensual right" of market credit information collection & use.And studies the characteristics and limitations of rights in the use of the public credit information and market credit information.Combined with the current problems met in the construction of credit system in our country,the paper puts forward the proposal of building a unified credit information data platform to realize the sharing and exchange of market credit information to solve the problem that the current market credit information data cannot be used.At last,the paper provides some suggestions for the construction of credit and personal privacy protection legal system in our country so as to promote the rapid development of credit system construction under the premise of protecting individual privacy. |
