Research On The Protection Of Information Right Of Internet Financial Consumers In China

With the development of information technology,the conflict and balance between the opening of Internet finance and the protection of consumers’ rights and interests have taken on new characteristics.Virtual characteristics of the transaction process involving a wider range of information,at the same time,the value of the circulation of data is also beginning to appear,so the claim that the traditional privacy right involves the individual’s tranquillity and not being disturbed cannot meet the demand that personal information be protected and reasonably utilized in the context of Internet finance.Therefore,the basis of this study is that,at present,the right to financial privacy should be directed to financial information right.This paper adopts the concept of information right of Internet financial consumer.Compared with general holders of information right,the information right protection of internet financial consumer has particularity,this is also the necessity of this paper to study the information rights of the special subject separately.The way of internet financial information processing,the conflict of the rights of all parties in the credit system and the risks faced by consumers’ information determine that the information rights of internet financial consumers should be specially protected.At present,the situation of information protection for internet financial consumers in China is not optimistic.Through the analysis of "Alipay annual bill event" and "Ant Pay bagging case",enumerating the current laws and regulations of our country,summing up the problems existing in the protection of consumers’ right to information,including the unclear definition of basic concepts,the excessive dispersion of legal provisions,and the lack of systematicness,tort liability provisions need to be improved.In addition to the weak situation of consumers in the protection of information rights and interests,based on the value rank of human dignity and personal interests is higher than the specific interests of the development and utilization of information,this paper holds that the choice of legislative system should stick to the principle of protecting internet financial consumers.This paper puts forward the path of legal protection: the framework protection of civil law(The General Principles of Civil Law)-special legal protection(personal information protection law)-the special protection in the field of internet finance(specialized administrative regulations).Some suggestions on the establishment of specific legal system,the perfection of supervision system,the establishment of dispute resolution mechanism are put forward.