| Under the background of financial technology,along with the development of information technology as a financial innovation of the underlying technology,financial sector also appears the characteristics of technology and financial depth fusion,financial technology is widely used in the field of financial also brought a lot of challenges to financial consumer information protection,financial consumer information protection is facing many risks,at the same time,there are many acts that infringe financial consumers’ information rights and interests.In this context,this paper examines the problems existing in the current financial consumer information protection legal system in China,and puts forward relevant countermeasures and suggestions in order to improve the financial consumer information protection legal system.There are three main problems in the legal system of consumer information protection under the background of fintech.First,the“informed consent”rule is not perfect;Legislation in our country will be“informed consent”rule as the core of personal information processing and protection rules,but in practice,financial institutions is not fully fulfill the duty “inform”,lead to the financial consumers“agree” act in a certain extent lost the freedom of autonomy,the “rules of inform consent”cost is too high.Second,the administrative regulation is not complete;The administrative regulatory agencies are too scattered,with obvious division characteristics.The situation of multiple supervision tends to lead to unclear responsibilities of regulatory departments and lack of detailed and effective regulations on regulatory measures,which makes it difficult to give full play to the effectiveness of supervision.Third,the effectiveness of tort relief is insufficient;It is difficult for financial consumers to prove that their personal information has been infringed,or that there is a causal relationship between the infringement behavior of financial institutions and the damage to their personal information.Meanwhile,the strict identification standards for infringement damages and the difficulty in determining the specific amount of compensation make it difficult for financial consumers to obtain the support of the court for their claims for compensation.The unimpeded relief channels result in the high cost of financial consumers seeking infringement relief.In view of these problems,this paper on the basis of drawing lessons from overseas beneficial experience and combining with China’s reality,puts forward relevant suggestions on the perfection of China’s financial consumer information protection system.First of all,the “informed consent” rules should be improved to enhance the adequacy of the“informed consent” behavior of financial institutions and the effectiveness of the “consent” behavior of financial consumers.At the same time,the selection mechanism should be appropriately introduced to reduce the operating cost of the“informed consent” rule.Secondly,it is necessary to improve the administrative regulations,establish a unified and independent regulatory agency for personal information protection,clarify the regulatory responsibilities of the regulatory agency,and formulate detailed and effective regulatory measures.Finally,to perfect the rules of tort relief,the violation of personal information in the law behavior into the onus probandi inversion system,and the causation of onus probandi finversion to financial institutions,at the same time,through establishing the system of legal compensation,punitive damages system,and set up public interest litigation special fund to solve the problem of inadequate relief effectiveness. |
