The Legal Regulation Of Data Mining In The Process Of Personal Credit Investigation In China

In the age of big data.,more and more data are used in all aspects of social governance,Data mining can be used to extract,integrate,analyze and predict with potentially valuable data,thus forming information that is unknown but rich in value.In the case of personal credit,“the regulations on the administration of credit investigation”issued in 2013 has great significance on the construction of credit system in China,especially on the higher requirements for personal information protection.The credit agency evaluation of personal credit is mainly based on the credit content,mortgage situation,history and reimbursement of personal credit information of a credit applicant in a financial institution such as a bank,but due to the limited scope of information collection,it can’t make a more complete and accurate to the personal credit,thus it is necessary to draw a portrait of personal credit from a multi-dimensional perspective.The characteristics of data mining on the deep excavation of value can make up for the incomplete and imprecise problem of personal credit in traditional personal credit.From the perspective of the development of foreign personal credit investigation,data mining is widely used in personal credit investigation.However,data mining provides a comprehensive mining of value and knowledge discovery for individuals,and therefore,higher requirements are put forward for the protection of personal privacy laws.First of all,the raw data that data mining needs to collect is not strong with the individual,even has the characteristics of de-labeling and anonymization,therefore,it challenges the legal regulation of data collection,storage and disclosure;Second,due to the opacity of the data mining process and methods,the problem of information asymmetry between credit applicant and data controller is becoming increasingly prominent,furthermore,the undefined and irregular data mining process can easily breed data controllers’ arbitrary and illegal analysis and utilization of personal data,thus causing serious violation of personal privacy;Finally,data mining is inaccurate and discriminatory to the prediction of personal credit.Personal information protection legislation in our country at present is a kind of personal identifiable information as object of rules and regulations,authorized to agree to,enough at least,the main body participation,open and transparent principles as the coreof personal information protection legal framework,pay attention to the protection of control of the individual’s personal information,so as to reflect the basic requirements for privacy protection."Cyber-Safety Act" and the national recommendatory standards "Information security technology — Personal information security specification" provide more detailed system design for the protection of personal information law.However,data mining focuses on secondary or even multiple use of personal data,and the original data shows the characteristics of fragmentation,and its sensitivity is weak.In this stage,the legal regulation of personal information is not only limited to the protection of individual privacy,but also the unreasonable allocation of legal resources and the waste of legal resources.Therefore,in the light of the characteristics of data mining and privacy protection requirements,Privacy as an instrumental rights information flow rules,promote the coordination and balance of interests,thus forming of privacy which is formed by the data mining damage regulation,pay attention to the prediction process of data mining and privacy damage prevention and relief.Therefore,from the negative externality and negative internal nature of the predictive privacy damage of data mining,this paper proposes the regulation path of personal credit information privacy protection in data mining— administrative regulation and judicial relief.Based on the advantages and disadvantages of administrative regulation and judicial relief,the research ideas are complemented by complementary advantages,and this paper puts forward in the process of personal credit registry data mining system of legal regulation of the reasonable selection and system design.This paper not only emphasizes the application of rules of abuse in judicial relief,but also provides strong support for the application of due process of data mining.At the same time,combined with the concept of soft law governance,the administrative regulation and judicial relief are further optimized and supplemented.