Research On The Legal Issues Of Personal Financial Information Protection Under The Framework Of Network Security Legislation In China

With the advent of the Information Age,integrating information into resources has become a consensus in the development of the financial industry.The future innovation and development of the financial industry is highly dependent on the processing and analysis of information,and the value of information is directly proportional to the amount of effective information.In order to maximize the benefits,the relevant institutions in the financial industry will undoubtedly be committed to collecting more financial information and using a variety of methods to carry out the deepest mining.Personal financial information usually involves sensitive personal information and can be accurately targeted to individuals,which puts higher demands on the security of personal financial information.However,Chinese current normative documents concerning the protection of personal financial information under cybersecurity are mainly from two perspectives: one is the protection of personal information in the Internet environment;the other is the protection of personal financial information.The relevant norms for the protection of personal information in the Internet environment are based on the protection of personal privacy,but do not pay enough attention to information resources,or can not provide limited protection for information controllers to develop information resources.At the same time,the protection of personal information does not highlight the characteristics of financial information,and cannot fully adapt to personal financial information protection.On the one hand,the number of relevant norms for personal financial information protection is not sufficient,and it is difficult to effectively protect personal financial information;on the other hand,it fails to reflect the impact of the current new Internet format on personal financial information,and it cannot be completely address the risks that may arise from personal financial information in a network environment.Since the relevant cyber security legislation is based on cyber security and national security,the principle of equal emphasis on cybersecurity and informatization should be adhered to.According to the Constitution,laws and regulations to manage network activities within the scope of China’s sovereignty,and to protect the security of information facilities and information resources,this paper analyzes and studies the protection of personal financial information in China in the context of cyber security legislation,and discusses the possible new solutions to the risks and challenges under the new Internet format.In addition to the foreword,introduction and conclusion,the article is mainly elaborated from the following three parts:The first part discusses the academic framework of cybersecurity and personal information protection in China.This part mainly discusses the theory and practice basis of the implementation of personal information protection from the perspective of network security and information protection and the norms and policies under the current legislative framework.Network security is to respond to the maintenance of national sovereignty from the perspective of cyberspace,to serve the implementation of national cybersecurity strategy and network power strategy,and to provide goals for cyberspace governance.Information protection is based on the protection of private rights.Its theoretical basis has certain controversy and development,mainly privacy theory,property rights theory,and public goods theory.Network security protection is the macro embodiment of information protection.It is based on the overall cyberspace security strategy,and it builds a security system.Information security is a necessary prerequisite for information development,and it is also a guarantee for its sustainable development.It is also the microscopic connotation of network security.The two complement each other and extend each other and are indispensable.However,the legal norms of personal information protection and financial information protection under the network perspective of China have not yet formed a system,and they still need to be continuously improved.The second part analyzes the main problems of the institutionalized protection of personal financial information in China.This part mainly analyzes the relevant risks from the four most important links involved in the protection of personal financial information: first,the collection of personal financial information is still to be clarified,the subject of the right to personal financial information in China is still unknown,the collection method is not yet standardized,and the collection scope is too broad;Second,the depository of personal financial information is still to be improved,mainly divided into technical safety depository environment is still loopholes and management safety depository standards have not yet been implemented;Third,the flow of personal financial information is yet to be standardized,which is reflected in the disorder of domestic sharing and poor flow abroad;Fourth,the use of personal financial information supervision still needs to be strengthened,procedural norms are not reasonable,and substantive norms are not specific enough.The third part puts forward suggestions on the way to institutionalize the protection of personal financial information in China.First,for the reasonable planning of personal financial information collection,it is necessary to determine the right subject of personal financial information,and to clarify the effective range of personal financial information collection.Secondly,it is necessary to establish a legal system for depositing personal financial information,improve the technical safety depository and manage the safe depository.Thirdly,implement necessary restrictions on the flow of personal financial information,improve the personal financial information sharing mechanism,and classify and limit the cross-border flow of personal financial information.Finally,it is necessary to carry out effective supervision of the use of personal financial information,while strengthening the procedural norms of personal financial information utilization,and refining the substantive norms of personal financial information utilization.