Analysis Of The Protection On Personal Credit Information Rights In Internet Credit

On 5 th January 2015,the People’s Bank of China issued an Notice about “Preparing Personal Credit Reporting Business”,requiring eight agencies,including Sesame Credit and Tencent Credit Collection,to prepare for collecting personal credit information.These agencies,which are closely related to the Internet,are different from the traditional centrally-based credit bureaus.They are referred to as Internet Credit.On January 4,2018,the People’s Bank of China accepted the application of personal credit business of Baixin Credit Information Co.,Ltd.,which opened the prelude to the “Personal Credit Reporting Consortium” in China’s Internet credit information collection.On March 15,2017,the National People’s Congress passed the “General Principles of Civil Law”.Its article 111 stipulates the right to personal information.In the past,the right to personal information is ruled by “Criminal Amendment VII”(one illegally uses personal information to some serious extent should bear criminal responsibility),” and Regulations of the Government on Information Disclosure”(Citizens,legal persons or other organizations that have evidence to prove that the information related to their own provided by the government is inaccurate,shall have the right to request the administrative agency to correct).Finally,the concept of the right to personal information is defined in the "General Principles of Civil Law",which is absolutely a great advance in civil law.However,because the Internet credit and Persona Information Rights are both at the initial stage,and both involve credit information in personal information.It is easy for internet credit to have conflict with personal credit information right.So,the focus of this article is on the right of personal credit information which is deemed as a part of the personal information right.Specifically,under the era of Big Data,the Internet Credit cancollect large amounts of personal credit data,and make full use of the value of these credit data with its special character and advantages,which is obviously contradict to the privacy valued by the personal credit information right.How to balance the conflict between the protection of personal credit information rights and the free flow of credit information is a problem that must be solved in the further development of Internet Credit.In comparison,developed countries and regions such as Europe and the United States have a relatively mature personal credit information industry.The relevant legislation on personal credit information data is also relatively complete.This paper intends to balance the Internet credit and personal credit on the basis of introducing advanced countries like Europe and the United States for the purpose to ease the tension between the free flow of information and the protection of personal credit information rights.Specifically,the paper will be divided into four chapters:The first chapter analyzes the basics of Internet credit information,and on the basis of clarifying the basic meaning of Internet credit information,it mainly introduces the differences between Internet credit and traditional credit,including the subject of Internet credit information and the character of credit information data.The introduction to the presentation of personal credits in this chapter lays the foundation for the following legal analysis.Chapter Two,on the basis of the first chapter,introduces the right of credit information which belongs tothe personal information right.By analyzing the credit service agreement of Ant Financial Services and Tencent Credit,we can analyzes the legal conflicts that may arise between the right of personal credit information and the Internet credit,including the right of informed choice,right of objection,right to recover one’s credit and so on.The legal reasons for the conflict between them are as follows: There is a conflict between the two legal value : freedom and efficiency,the construction of relevant legal systems is backward and supervision is not enough.The third chapter provides a reference for the fourth chapter’s proposal by introducing the good experience to balance the conflict between internet credit and personal credit information right in some developed countries and regions.The fourth chapter attempts to start from the relevant principles of balancing the rights of Internet credit and personal credit information,and puts forward some thoughts and suggestions on improving relevant legal systems and supervision.