Legal Dilemma And Solution For The Protection Of Personal Information In Internet Financ

As the traditional financial industry and the Internet,Internet finance greatly improve the operation efficiency of social funds,but at the same time,also produced the information leakage,consumer infringement,financial fraud and other security risks,especially personal information leakage may lead to identity leakage,and cause financial fraud,credit fraud consequences,in the Internet financial environment,how to strengthen personal information protection become a problem to be solved.This paper draws on the practical experience of financial industry and external personal information protection,discusses the standard selection and legislation of Internet financial personal information protection optimization,the Internet financial personal information protection system,and Internet financial enterprise personal information protection internal control security mechanism construction,and put forward policy Suggestions,in order to help the Internet financial personal information protection related legislation and practice.In essence,Internet finance has the dual attribute of "Internet" + " finance".In this regard,the Internet financial personal information is covering the "general Internet personal information + financial sensitive information" collection,so can also be referred to as "financial personal information",if combined with the collection of cross verification of information and personal portrait derived information,it may cover a wider range,so the importance of Internet financial personal information,complexity,sensitivity,once leaked more harmful.From the current analysis of relevant legislation,law enforcement and judicial practice,the current protection of personal information of domestic Internet finance is facing three difficulties: first,the existence of relevant legislation is flawed,second,the relevant administrative law enforcement is weak,and third,the lack of internal control and security mechanism of Internet financial enterprises.First of all,in view of legislative issues,based on the dual attribute nature of Internet financial enterprises and learning from the external personal information protection system,China must adopt the principle of general Internet user information protection + special rules in the financial field ",so as to clarify the applicable relevant legislative mode.In this regard,first,it is necessary to follow the basic principles of Internet personal information protection,and the second is to apply the existing system and practical experience of the traditional financial field to supplement the special rules of personal information protection in Internet finance.Generally speaking,it is necessary to use the management experience in the traditional finance field to further supplement and improve the special legislation of the Internet finance industry,refine the collection,storage,use and sharing of user financial information,and establish the corresponding industry norms and standards.Secondly,in view of the administrative law enforcement problems,we need to focus on the shape of the regulatory system of Internet financial enterprises.On the one hand,it is necessary to establish a strong regulatory tone for the user information of Internet financial enterprises,strengthen the role of the two sessions,and reshape the regulatory framework of the personal information protection of Internet finance.Should unify the Internet financial,on the other hand,the strong regulatory concept,clear to financial activities must be fully regulated,financial enterprises must "fully licensed management" "double" regulatory concept,establish the Internet financial strong regulation mode user financial information regulatory ideas,including:establish perfect whole process supervision mechanism,clear special application and exceptions,actively explore industry self-discipline and third party evaluation and popularize education and cultivate public self-protection awareness.Finally,in view of the internal control and security mechanism of Internet financial enterprises,in addition to strengthening supervision,it is necessary to learn from the internal control and risk control mechanism of traditional financial institutions to build the internal control and security mechanism of Internet financial enterprises,so as to strengthen the personal information protection and compliance work of Internet financial enterprises.Combined with the personal information protection law on personal information processor obligations and the particularity of Internet financial personal information,can be built around the following four aspects of Internet financial enterprise personal information "four full" internal control security mechanism: one is to establish internal risk isolation system,the second is to establish prior evaluation and grading authorization system and process,three is to improve the internal monitoring mechanism and the audit system,four is smooth complaints,public opinion and other rights mechanism,actively use internal channels to solve consumer real demands.