The Dilemma And Outlet Of Determination Of Liability For Infringement Of Personal Financial Information

Recent years,the occurrence of multiple violations of personal financial information has aroused widespread public concern and has had a serious negative impact on the protection of personal information in current financial institutions.Although the "Criminal Law Amendment(9)" integrates the "crime of selling or illegally providing citizens’ personal information" and "crime of illegally obtaining citizens’ personal information" and amended it to "crime of infringing on citizens’ personal information",the criminal law has expanded the criminal subject And the scope of the identification of criminal acts of personal information,but still cannot prevent the occurrence of personal financial information violations.Although the current personal information protection legislation and the supervision of personal financial information are gradually improving,they still cannot meet the needs of information protection.For example,the relevant laws of the financial industry do not clearly define the protection of personal financial information,and the relevant regulatory system is not very complete.Only in the "Implementation Measures for the Protection of the Rights and Interests of Financial Consumers of the People’s Bank of China" promulgated by the Central People’s Bank of China,the protection of personal financial information by banking financial institutions is provided,with low levels of effectiveness and insufficient details.In particular,the current personal financial information infringement liability determination system is not perfect.It can only apply the provisions of the Civil Code on privacy and personal information protection.The victim needs to complete the causal relationship between the injurious act,the damage result,and the causal relationship between the injurious act and the damage result.The proof of the four infringement constitutive elements of subjective fault,and the particularity of personal financial information infringement makes it difficult to provide evidence,which in turn leads to the difficulty of defending the rights of victims and the high cost of rights protection.Individuals cannot get them when facing personal financial information infringements.Effective infringement remedies.When the supervision department cannot effectively prevent the occurrence of personal financial information infringement,the lack of civil tort remedy not only leads to the failure to obtain relief when the victim’s rights are damaged,but also indirectly condones the occurrence of personal financial information infringement.This article summarizes the main problems of current personal financial information infringement based on the wide range of subjects,objects,and objects of personal financial information infringement,and the concealment of infringements,and analyzes the constitutive requirements of personal financial information infringement applicable to general infringements.Liability to prove Under the predicament of infringement identification.It is proposed that under the current personal information protection and legal system,personal financial information infringement remedies shall be applied to general tortious acts constitute a requirement of proof responsibility and in the case of too low compensation for damages,the current personal financial information infringement liability determination has brought huge benefits to the rights of victims.Burden.Therefore,it is recommended to improve the rules for determining the liability for personal financial information infringement.The perpetrator adopts the presumption of fault based on the subjective fault of the perpetrator,and reduces the proof standard of the infringement.The burden of proof of the causal relationship between the infringement and the damage shall be borne by the defendant.At the same time,it is recommended to set a minimum amount of compensation and increase compensation for damages to reduce the difficulty and cost of protecting the rights of victims.By improving the infringement remedy system,safeguarding the legal rights of financial consumers in financial information,and increasing the cost of illegal tort of financial institutions,to curb the occurrence of personal financial information infringements,in order to better protect personal financial information.