Research On The Legal Protection Of Personal Financial Information In The Era Of Big Data

In the era of big data,personal financial information has gradually become the resources that financial institutions are competing for,and its importance is self-evident.At the same time,a series of cases of infringement of personal financial information have followed,China must solve the problems in the protection of personal financial information as soon as possible,and improve the legal system of personal financial information protection.In addition to the introduction and conclusion,this paper has a total of more than 30,000 words and is divided into four parts:The first part is the research on the basic theory of personal financial information protection in the era of big data.Mainly from the definition of the concept and the discrimination of legal attributes.First,the definition of the concept.Personal financial information refers to the personal information obtained by financial institutions through the provision of financial products and services or through other channels.According to the harm of illegal use of personal financial information,personal financial information can be divided into three categories,which are different from financial data,general personal information and financial privacy.Second,the discrimination of legal attributes of personal financial information.After in-depth comparison with existing theories in the theoretical field,this paper holds that personal financial information in the era of big data is in essence an independent and specific personality right with strong property attributes.The second part,the risk of personal financial information rights and interests in China and the display of legal protection status.First,from a personal financial information using the different stages of collection,storage and use and disclosure of three stages respectively discusses the personal financial information in different stages may suffer from the infringement,and separately discusses the mixed management mode of the special risks to personal financial information,the risk between the use and disclosure of financial information stage.Second,the current situation of personal financial information protection in China is summarized from the perspectives of legislation and practice: the protection of personal financial information is being paid attention to by legislators and regulatory departments.In China,there are no special laws and regulations on the protection of personal financial information.There are relatively complete regulations on the rights of the subject of personal financial information,the obligations of financial institutions,and the principles of personal financial information protection.However,the failure of traditional "inform-consent" protection rules in the financial field leads to the formalization of personal financial information rights and obligations,the incompleteness of financial supervision mechanism and the ineffectiveness of tort relief.The third part shows the dilemma of personal financial information protection in China in the era of big data.First,the effectiveness of the traditional "inform and consent" mechanism has been weakened in the era of big data.Second,the reasons for the incomplete supervision mechanism of personal financial information protection :(1)the multi-position supervision mode in the financial industry leads to the outstanding problems of supervision blank and supervision overlap.(2)The penalty standard for personal financial information infringement is not clear.In practice,the penalty is too wide or too strict,which is not conducive to the formation of supervision and deterrence.(3)Self-discipline of the financial industry failed to play a supporting role.Third,the reasons for the insufficient relief of personal financial information infringement are shown :(1)the subject of personal financial information is put forward too high demand for proof,and the distribution of proof burden is unreasonable;(2)The tort liability law lacks pertinacity,and it is difficult for the personal financial information subject to claim for damages to be supported;(3)High cost of financial information infringement relief.The fourth part,the improvement of legal protection of personal financial information in the era of big data.This part draws on some useful experience outside the region,and proposes specific improvement plans for the difficulties proposed in the previous chapter.First,it strengthens the application of the "notify-consent" rule by elaborating the authorization rules of consent and appropriately applying the "immediate consent" rule.Secondly,the regulatory mechanism of financial information protection should be improved from three aspects: integrating the allocation of regulatory authority for financial information protection,establishing a unified multi-level penalty system for improvement,and promoting the development of industry self-regulation.Third,from the three aspects of inverting behavior responsibility,refining and improving the legal compensation system,introducing the punitive damages system,and establishing the "financial information public interest litigation fund",to solve the problem of ineffective relief for personal financial information infringement in China.