The Theory Of Perfecting The Legislation On The Protection Of The Right Of Financial Information In China

The development of big data has added a lot of convenience to our daily life.In the financial field,the development of the Internet has brought about innovative changes.In this context,the personal information and trading activities of contemporary financial consumers are no longer classified as completely private privacy,and our protection of financial information is no longer focused on its privacy as in the past.Under the commercial operatio n,the financial information began to highlight its unique property attributes,and accompanied by the development of big data,played a important role in promoting the overall development of the industry,until it became an important development promotion factor related to the public interest.But the development at the same time also causes the financial information infringement incident to occur frequently in the real life.Meanwhile,the concept of financial privacy developed from the traditional right of privacy has evolved into the right of financial information with the change of industry.Contemporary financial information contains identity information,financial transaction information and other derivative information,and the right of financial information refers to the above-mentioned information enjoyed by financial consumers in relation to their financial trading activities,which are protected from illegal disclosure,collection,utilization and transmission.This right requires us to pay more attention to the control and utilization of financial information while protecting the privacy of financial information,and to make clear that it is a new type of personality right with both personal and property attributes.In contrast to the current international protection of the right to financial information,the relevant protective legislation of our country is scattered in various normative forms,and is faced with the realistic situation such as the lack of clear legislative ideas and the lack of rights relief provisions,and so on.As a result,the legislative protection mode is not complete enough,the existing protection norms are less effective and it is difficult to carry out relief when the rights are infringed in practice.Therefore,the prima ry task of the legislative protection of the financial information right in China is to establish the correct legislative concept,and then to further formulate the unified and applicable legislation on the protection of the right to personal information.And on this basis,the applicable financial information rights protection norms for the financial field.In this regulation,we can draw lessons from the reasonable use system in the field of intellectual property rights,so as to balance the demand of all parties for the property attribute of the financial information right.At the same time,we should introduce some new system provisions in foreign protective legislation,and further perfect the tort relief norm of financial information right.Under these guidance,we hope to set up a special systematization protection system and coordinate the relationship between the protection of financial information rights holders and the utilization of information.