Research On The Legal Protection Of Personal Financial Information In The Digital Economy Era

Personal information is considered to be the oil in the era of digital economy,and it has become an important factor of production in the financial industry due to its powerful wealth exploration potential.Financial institutions can use personal financial information to assess customers’ reputation and determine whether they are eligible for credit card,mortgage and other financial services.By understanding personal financial information,financial institutions can provide them with targeted products and services that meet their specific needs and preferences,and improve customer experience.At the same time,a series of cases of contravention of personal financial information also followed,such as improper collection,disclosure,misappropriation and unauthorized use of personal financial information.The wide development of digital technology has brought serious challenges in protecting personal financial information.It is necessary to solve the current legislative,regulatory,and judicial issues in protecting personal financial information,so as to make the legal structure for personal financial information protection more complete.Currently,the Personal Information Protection Law and Data Security Law are the core of Chinese legal system of personal information protection.Among them,the Personal Information Protection Law,as a special personal information legislation,provides useful legal guarantee for China to conduct the behavior of financial institutions and ensure the safety of individual financial information.However,the frequent occurrence of personal financial information infringement cases in practice shows that there are still a lot of problems in Chinese personal financial information protection structure.The main performance is that the extent of protection of personal financial information in the legislation is still not clear enough,there is no specific standard for protecting personal financial information,and the informed consent rule fails in the financial field.In terms of supervision,the supervision and management concept under the separate supervision mode is backward.For the same case of personal financial information disclosure,the punishment gap between different central bank branches is obvious,and there is no uniform and clear punishment standard.In judicial practice,the traditional litigation procedure lags behind the protection of personal financial information,and the online dispute resolution mechanism is relatively backward.In addition,the lack of self-discipline of digital financial institutions in the protection of personal financial information is mainly reflected in the inadequate performance of the authorized use obligations of digital financial institutions and the obstruction of the complaint channels of the subject of personal financial information.In the face of the above problems,we can draw lessons from the United States,European Union and Japan on the legal structure of individual financial information,and consummate Chinese individual financial information legal protection structure from the aspects of building a sound legal and regulatory system,timely changing the regulatory model and building a diversified dispute resolution mechanism.First of all,improve the legislative protection of personal financial information by clarifying the protection extent of personal financial information,formulating specific personal financial information security standards and strictly implementing the informed consent rules.Secondly,improve the regulatory mechanism for legal structure of personal financial information,change the regulatory concept of command and control in the past,and formulate unified and clear punishment standards.Thirdly,improve the remedies for legal protection of personal financial information.Continuously improve litigation and non-litigation dispute resolution mechanisms and build online dispute resolution mechanisms.In addition,there is an urgent need to strengthen the self-discipline of digital financial institutions in the protection of personal financial information,especially to strengthen the obligation of financial institutions to authorize the use of personal financial information and unblock the complaint channel of personal financial information subjects.Through the above measures,we can fundamentally reduce the occurrence of personal financial information transgression controvert,prevent vulnerabilities in personal financial information,and protect the rights and interests of the subject of personal financial information.