Research On The Personal Information Right Non-Litigation Relief Of Internet Financial Consumers

In recent years,due to the development and popularization of information network technology,the traditional financial field has entered the Internet + era.Internet finance has developed rapidly in a few years,breaking through the limitation of traditional finance and promoting the finance benefits to the whole people,but at the same time it has brought many problems,such as personal information tort,which is one of the most concerned issues for Internet financial consumers.Because of the extensive use of Internet finance,the personal information tort of Internet financial consumers is becoming more and more common.Although the legal rights and interests of Internet financial consumers to personal information have been determined in our country,the disputes between Internet financial consumers and operators concerning the personal information tort still need to be solved by a perfect relief mechanism to safeguard Internet finance,legitimate rights and interests of consumers,to resolve the contradictions between operators and consumers,while promoting the healthy development of Internet finance.China's relevant laws and regulations,and normative documents have proposed to build a diversified relief for the legitimate rights and interests of Internet financial consumers,including non-litigation relief and litigation relief.This paper will study the non-litigation relief of Internet financial consumer's personal information right in China.Starting from the construction of laws and regulations and the operation effect of non-litigation relief,it will analyze the shortcomings of non-litigation relief of Internet financial consumer's personal information right in China at present,and put forward some suggestions for improvement.This text will be divided into five parts:The first part is the concept analysis of the key research object in this paper.This part mainly analyses the basic concepts of Internet finance,Internet financialconsumers and personal information rights.The author believes that Internet finance is the product of the combination of network technology and traditional fields in the information age.It breaks through the traditional financial restrictions and brings new vitality and possibilities to the financial field.The understanding of Internet financial consumers has also been broadened on the basis of traditional concepts,that is,consumers who purchase Internet financial products or accept Internet financial services for general financial needs.As for the right of personal information,it should be interpreted as the right to know and decide that the subject of personal information enjoys in the whole process,including the collection,processing and use of personal information.The second part introduces the value of non-litigation relief of Internet financial consumers' personal information rights.In my opinion,based on the characteristics of infringement of personal information rights of Internet financial consumers and the limitation of litigation relief,the value of non-litigation relief of personal information rights of Internet financial consumers in China lies in providing diversified ways of rights relief for Internet financial consumers so as to enhance the efficiency and enthusiasm of rights protection,alleviate the pressure brought by litigation relief,resolve the contradiction between Internet financial operators and consumers,and promote the fair and healthy development of Internet finance.The third part is about the current situation of non-litigation relief for Internet financial consumers' personal information rights in China.It includes consultation with operators,complaints to regulatory authorities,submission of third-party mediation and application for arbitration awards.Starting from various non-litigation relief ways and situations of women,this part analyses the existing problems of effectively protect the Internet financial consumers' personal information rights relief in various ways.The fourth part is the insufficiency of the non-litigation relief of Internet financial consumers 'personal information rights in China.Based on the study of the current situation of comprehensive non-litigation relief,this part analyses the overall deficiencies of the non-litigation relief of Internet financial consumers' personalinformation rights in China.The author considered that the main shortcomings lie in the lack of laws in the field of Internet finance and it cannot guarantee the right of personal information,the inappropriateness of dividing and governing the traditional financial subdivisions in the field of Internet finance era leads to the blank of relief,the lack of relief institutions and the rules and cases of relief for the right to personal information of Internet financial consumers can not realize the information publicity of consumption.The current mainstream offline relieves are not applicable to such cases which have involved small amount of money and strong cross-regional characteristics,resulting in the high cost of consumer rights remedies,and all remedies are facing the dilemma.The fifth part is the suggestions to improve the non-litigation remedy of Internet financial consumers 'personal information rights in China.In view of the deficiencies of the fourth part,the author believes that non-litigation relief should be improved from the following aspects to realize its value.It including improving legislation to achieve targeted protection,integrating the existing resources of third-party non-litigation relief to make up for the relief gap;strengthening the construction of information disclosure to achieve the relief guidance of personal information rights of Internet financial consumers,and developing online non-litigation relief platform to save relief cost,improving the implementation of safeguard measures for non-litigation relief to achieve practical significance.