Research On The Legal System Of Personal Information Protection In The Field Of Credit Investigation

Credit investigation referred to in the research on the legal system of personal information protection in the field of credit investigation means to collect personal information with conditions and to share or to utilize it for public purpose.In August 2021,the personal information protection law was promulgated,which greatly updated the "personal information processing rules" by drawing on the strengths of practices at home and abroad,providing more targeted normative guidance for the implementation of personal information protection.On September 27,2021,the measures for the administration of credit investigation business was issued,which absorbs the spiritual core of the former and clarifies the specific rules for promoting the personal information protection system in the field of credit investigation.Chapter One mainly discusses the meaning,significance and system of personal information protection in the field of credit investigation.Firstly,it makes a detailed analysis of the meaning,boundary and relationship of the concepts related to credit investigation and personal information,points out the dialectical relationship between them in the perspective of protection and utilization,and puts forward five basic principles of personal information protection in the field of credit investigation.Then,it analyzes the significance of improving personal information protection in the field of credit investigation from three dimensions: national security and comprehensive competitiveness,the sustainable development of the industry,and the legitimate rights and interests of enterprises and individuals.Finally,it systematically combs the domestic credit investigation field and the legal system related to personal information protection.Chapter Two mainly summarizes the typical problems,controversial behaviors and causes of personal information protection in the field of credit investigation.Firstly,guided by cases,five typical cases involving prominent problems in various links such as personal information collection,processing,application and storage are selected.Then,it summarizes seven kinds of controversial behaviors in reality,and systematically analyzes the characteristics and specific causes of problems in each link in a point to area manner.Finally,it analyzes and summarizes the three causes of the emergence of typical problems and controversial behaviors,namely,the serious imbalance between supply and demand in the credit investigation market,the serious imbalance between illegal costs and expected benefits,and the serious lag of industry legal norms behind development practice.Chapter Three mainly puts forward some suggestions to improve the legal system of personal information protection in the field of credit investigation in China.Firstly,it briefly introduces the legal system of personal information protection in the area of credit investigation in key foreign countries and regions,and then,combined with aforementioned contents,it puts forward suggestions to improve personal information protection in the field of credit investigation in China from three dimensions.At the macro level,it is suggested to establish personal credit investigation law and to clear the ground rules of credit investigation.Commanded by personal credit investigation law,it is suggested to establish a personal credit investigation industry ecology with public credit investigation and complementary market-oriented credit investigation while further upgrade the whole process supervision mode of the industry in combination with the characteristics of the big data era.At the meso level,it is suggested to have special regulations of the scope and procedure of personal information protection in the field of credit investigation and to strengthen individual rights remedies by defining the scope of personal credit information and improving credit investigation procedures of information collection,processing and utilization.Finally,at the micro level,it is suggested to set up special regulations of personal information protection in the field of credit investigation.This paper puts forward establishing two special rules in the field of personal credit investigation——the "compulsory credit investigation" rule and the "information gatekeeper" rule of personal credit information.