Legal Protection For The Financial Privacy Right Of Bank Customers

With the financial privacy right, bank customers are entitled to information confidentiality treatment, privity of their financial information and decision on its utilization. Therefore, financial privacy right is very significant to bank customers and its legal protection has become a common concern of many nations. Some nations as the US and European nations, which are with sophisticated finance system, have a long history of the legal protection on financial privacy right and some typical features on their legislations, which are called the "American mode" and the "European mode". In China, the independent position of privacy right have not been establish legislatively, and the protection for financial privacy is also insufficient, except some principal clauses on bank's duty of confidentiality. Therefore, the construction of a new protection system is urgently needed in order to keep in step with the pace of social development.Besides the preface and the conclusion, the thesis is composed of three chapters:Chapter 1 is focus on the analysis of the financial privacy right. This chapter analyzes three traditional theories on the financial information protection, which are mainly based on the relationship between banks and customers. And then, the chapter demonstrates that the financial privacy right is a real right and shall be protected in Tort Law. In addition, on the base of defining its right position, this chapter continues to analyze the powers and functions of the financial privacy right.Chapter 2 is about the introduction, comparison and commentary on the legal systems of financial privacy right protection in the US and Europe. As the representative of the two main modes in the world, the US and Europe's legislations are the references for us. On the one hand, this chapter compares the difference and similarity between these two modes in detail; on the other hand, it discusses their disadvantages and the criticism on its execution form society.Chapter 3 discusses the construction of the legal protection system for financial privacy right of bank customers. First, this chapter mainly discusses the macroscopic consideration and the microcosmic arrangement, based on anatomy about the defects of current legislation and requirement on the financial information protection in our country,. The macroscopic consideration includes four aspects: firstly, our Constitution and Civil Law should affirm that privacy right is an independent right; secondly, the exclusively legislative mode should be selected; the third, the legislative shall aim on the prevention of injure rather than information utilization; finally, the arrangement shall take account of both the right protection and information circulation. The microcosmic arrangement discusses the scope and the exception of the financial privacy right protection and puts forward some practical suggestions.