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The Issues Study On Legal Protection Of Financial Consumers’ Information Security Rights

Posted on:2017-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:N S XiaoFull Text:PDF
GTID:2296330503983971Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Along with our country reform, development and the deepening of financial market, financial product or service is gradually known by people as an important participant in financial markets and promoteeing sustainable and healthy development of financial consumer. Enjoying financial markets, at the same time, brings convenience and suffering from the adverse consequences of financial behavior. Currentiy, under the background of the mega data, information data has put information assets more apparent. especially, in the field of financial markets, information security of financial consumer protection has become the essential factors of consumers’ rights and interests by the interests of information assets.Given the concept of the social interests of the public, special historical reasons, China’s information security protection has experienced long and tortuous process. At the same time, along with gold products or services structure complexity and variety of financial demand and higher value of the background of financial data, financial consumer information security protection in China will be more difficult road. However, in order to protect the consumer financial information security, first of all, in our country law system, clear financial consumer information security rights is to be a legal right to exist as a financial consumers. But, by the form of empowerment, it cannot achieve financial consumers from right to protect information security. Then, setting the corresponding normative documents is to provide information security for financial consumers rights protection guidance, but always because of normative documents related to the legislative level is not high, chaos, the principle of single mode, and inadequate relief means. Fnancial consumer rights protection of information security related legislation is not perfect. Second, the financial chaos consumer information security regulation protects the right of the main body. Administrative regulatory authority is unknown and exercises their functions and powers of the administrative department for duplicate regulation or vacuum regulation of embarrassment. Again, financial consumer rights protection in the process of information security for financial managers market access, internal information security management and information security technology supervision are not enough to cause financial operator delayed in performance of the obligation to protect the right of consumer information security. Finally, there is the lack of basic system of protection the right of consumer financial information security guarantee and effective relief way. Therefore, we should face to face with insufficient financial consumer protection of right of information security in our country. In our country financial market data links and information era background, we perfect our financial consumer legislation and specific supervision system. Information security have been a financial consumer protection the right of information security in our country. The implementation of financial consumer rights and interests is important way and means to promote the development of financial market stability.Specifically, based on the different economic, cultural and historical tradition, Countries, in the financial consumer rights protection of information security theory and practice, build a legal protection system with respective characteristics. Among them, as the United States and Britain, there is a different legal protection system of legal protection system in accordance with its own characteristics. To outside, therefore, we should absorb the experience of the financial legal system of protection the right of consumer information security and consummate our country financial consumer protection the right of information security.In the process of protecting the right of consumer financial information security in our country, we should perfect our country’s financial consumer rights protection of information security law system. We could determine the legal status of financial consumers and protect the right of consumer financial information security practice operation to provide a solid basis. Although consumer financial information security protection administration supervision departments responsibility is not clear and inadequate regulatory boundaries are not clear and so on, We should further strengthen the regulation of government functional departments, between the government departments and industry associations, special industry association and self-discipline organization between the synergy and regulation. We can not only make up for the lack of a single regulatory approach, but also realize regulation mode innovation. In the protecting of consumer financial information security regulation power object, we can standardize the financial operators market access standards and procedures and supervision of the financial operators internal information security management and construction of information security technology.We should establish external supervision and internal supervision system of dual protection. At the same time, for the specific financial consumer protection system, we can perfect the financial consumer information security insurance system,set up the groups appeal system and compulsory mediation system.
Keywords/Search Tags:financial consumers, information security rights, privacy rights, digital datas
PDF Full Text Request
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