On The Legal Issues Of Personal Information Protection In Internet Financial Industry

China’s "Civil Code" stipulates the information rights of individual citizens.This right is one of the important rights of citizens in the Internet age.After entering the digital age,the types of citizens’ rights have changed.The rights system formed in the industrial age has been impacted by the Internet.Therefore,the right of personal information is listed in the civil code as an important civil right in China,which shows the determination of legislators to protect citizens’ right of information.In the process of continuous integration of the Internet and various industries,the most sensitive and heaviest field involving citizens’ personal information is Internet finance,which can collect sensitive financial information including personal consumption records,income,loans,family assets,housing and so on.In the field of Internet finance,citizens transfer their information in exchange for various services of Internet finance.In a seemingly peaceful process,in fact,the important information of citizens will be collected,sorted,used and even transferred by internet financial institutions.In practice,a lot of illegal personal information has been used to obtain citizens’ assets,which has caused great losses to citizens.Therefore,this paper mainly discusses the legal issues related to the protection of citizens’ personal information from the perspective of Internet finance.First,put forward the problem and analyze the status quo.In practice,citizens’ right to personal information is constantly violated.It is not uncommon to take personal information,sell personal information,or even use personal information for criminal activities.The main reasons are the imperfection of legislation,supervision and dispute settlement mechanism.Therefore,first of all,we need to establish a sound legal system for the protection of citizens’ personal information.Of course,the improvement of the law can not be achieved overnight,should be gradual.In the current legislative system of our country,there is no "personal information protection law" specially for the protection of personal information.The relevant laws related to the protection of personal information related to Internet finance are mainly "network security law".In addition,the laws for the protection of citizens’ personal information are scattered in other laws.These laws are not mainly for the protection of personal information,but regulate other laws In the field of behavior,it involves the protection of citizens’ personal information,and the article also lists.By combing the current legal system,this paper summarizes the problems related to the legal system,such as the responsibility specification is not in place,the legal responsibility connection is not in place and so on,and puts forward some suggestions for improvement.Secondly,improve the current Internet financial regulatory system,the current regulatory system is not complete,so that personal information in the field of Internet finance is collected,collated,processed or even used without good supervision.The main reason is that there are problems in the concept,subject and means of supervision,which can not achieve the effect of supervision.In terms of regulatory philosophy,China’s regulation still adheres to the regulatory philosophy of "regulation type",and fails to build a perfect regulatory system based on the reasonable needs of market subjects,especially fails to establish the regulatory philosophy of "public goods type",and considers consumers’ reasonable needs of "knowing" and "knowing what",which are exactly the needs of consumers to transfer their information to the Internet The basic decision-making premise of financial enterprises.As for the main body of supervision,China is still implementing separate supervision,which is very unfavorable to the supervision of Internet finance,because there will be a regulatory vacuum in separate supervision,and it is unable to apply the unified standard to the supervision of Internet finance.Therefore,we need to establish a "bimodal" regulatory concept,establish a unified regulatory agency and Internet Financial Consumer Protection Agency to protect consumers’ personal information rights and other consumer rights.In terms of regulatory means,the current regulatory means use regulatory technology insufficiently,and the regulatory technology level of many regulatory objects even exceeds the regulatory technology level,which leads to the failure of real-time supervision.Therefore,we quickly use regulatory technology to regulate the use of personal information in the Internet financial industry.Finally,we should improve the Internet Financial personal information dispute resolution mechanism and establish ODR dispute resolution mechanism.In our country,there are not many cases of solving personal information rights disputes through litigation.The main reasons are high litigation cost,long time consuming,difficult proof,low efficiency and so on,which lead the infringed to be lazy in protecting their rights.Therefore,while improving the substantive law,we should also improve the non litigation dispute resolution mechanism(ADR)as soon as possible.Of course,the disputes of personal information rights in the field of Internet Finance originate from the network and should be eliminated on the network.Therefore,we should build an online dispute resolution mechanism(ODR),use Internet technology,reduce the burden of proof of the parties,quickly and efficiently complete the judgment,so that those illegal subjects of personal information infringement,no longer because of the infringed person’s negative form of litigation rights and wanton infringement.It should be noted that in the field of Internet finance,the transferors of personal information generally accept the services provided by internet financial institutions and establish a legal relationship with them.They are also a special kind of consumers-internet financial consumers.The establishment of this concept also lays the foundation for the preferential protection of the law.Therefore,in order to discuss the issue intuitively,this paper will provide and transfer personal information to the Internet finance "personal information provider" also known as "Internet Finance consumer",sometimes referred to as "consumer" according to the context.