| Personal financial information is at the intersection of personal information protection and financial market supervision.Information,markets and risks are closely related.The development of the financial industry is crucial.The new Personal Information Protection Law introduced in 2021 is a specialized piece of legislation to protect personal information.As a mixture of public law and private law,the private law part of the law,as a special law of the Civil Code,further enriches and develops the personal information protection rules of the Civil Code.On the basis of summarizing the legislative experience of the Civil Code and other legislative experiences,the Personal Information Protection Law draws on the experience of comparative laws such as the EU General Data Protection Regulation,comprehensively stipulates the obligations and responsibilities of personal information processors,and proposes clear compliance requirements.In the context of the Personal Information Protection Law,research on the protection of personal financial information has far-reaching significance for protecting the legitimate rights and interests of individual citizens and promoting the green and healthy development of the financial market.This paper firstly defines the basic definition of personal financial information protection.First,define the connotation of personal financial information,and define the definition of "personal financial information" by comparing the "Personal Information Protection Law","The People’s Bank of China’s Implementation Measures for the Protection of Financial Consumer Rights and Interests" and other legal and normative documents.After clarifying the concept of personal financial information,summarize the characteristics of personal financial information in the context of the Personal Information Protection Law.Secondly,by examining the current status of personal financial information protection legislation in my country,it analyzes typical cases and summarizes the practice status of personal financial information protection.The current legislative situation is mainly divided into provisions on the protection of personal financial information in the Personal Information Protection Law and other laws,regulations and normative documents.The status quo of practice is mainly to analyze administrative penalty cases in the field of financial supervision and judicial judgments at the level of infringement relief,and point out the defects in the application of personal financial information in the law,mainly the failure of the "inform-consent" rule in the financial field,the failure of personal financial information There are three problems: the supervision mechanism of information protection is not perfect,and the judicial relief for personal financial information protection is insufficient.Finally,based on the discussion in the first two parts,combined with the provisions of the Personal Information Protection Law on personal financial information,suggestions for improving the protection of personal financial information are put forward:implement the "notify-consent" rule for personal financial information,and in the "notify-consent" Introduce an incentive mechanism for personal financial information protection into the rules;strengthen the administrative supervision of personal financial information protection,improve the supervision system for personal financial information protection,and establish a unified multi-level administrative penalty system;improve judicial relief for personal financial information protection,and use evidence in litigation Responsibility inversion system,establish a public interest litigation fund for personal financial information protection,in order to create a better legal protection environment for personal financial information. |
