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

Posted on:2024-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:C Y SunFull Text:PDF
GTID:2556307052987489Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the era of big data,data has become a valuable resource element.Data management,utilization and sharing are accompanied by the development of new formats in the financial industry.The issue of privacy in the financial industry has become increasingly prominent,and the protection of personal financial privacy has attracted attention.Personal financial privacy in the era of big data refers to the right of financial consumers to protect their financial privacy information from outside interference.Personal financial privacy has the dual attributes of ’ privacy ’ and ’property ’,and is vulnerable to infringement in practice.In order to ensure that personal financial privacy can be properly protected in the custody,use and other links,and realize the ’ whole process ’ protection of personal financial privacy,China ’s legislative organs,administrative organs,judicial organs,financial institutions and industry self-regulatory organizations and other legal protection subjects play their respective protection roles from different angles through different protection ways and means.By examining the current situation of relevant legal protection,it can be concluded that there are some difficulties in the legal protection of personal financial privacy in China,such as narrow coverage of confidentiality obligations,unclear boundaries of fair use,imperfect regulatory measures,limited role of industry protection,and insufficient effectiveness of tort relief.In this regard,from the four aspects of legislative protection,administrative protection,industry protection and judicial protection,it is proposed to broaden the scope of application of the confidentiality obligation rules,clarify the boundaries of rational use,improve regulatory measures,improve the industry protection mechanism,improve the relief rules and other countermeasures,in order to achieve the whole process and all-round protection of personal financial privacy.This article will discuss from six parts.The first chapter is the introduction part,including the research significance of this topic,the current research status,and possible innovations.The second chapter explains the basic connotation of personal financial privacy in the era of big data and the manifestations of infringement of personal financial privacy.The third chapter expounds the theoretical basis of the legal protection of personal financial privacy from two aspects: the necessity of legal protection and the composition of legal protection mechanism.The fourth chapter combs the current situation of the legal protection of personal financial privacy in China.In the legislative status quo,it combs the provisions of different levels of legal documents in terms of confidentiality obligations,fair use rules and rights relief rules,and then combs the relevant practice status from three aspects: financial supervision,financial industry protection and judicial relief.The fifth chapter summarizes and analyzes the current difficulties in the legislative protection,administrative protection,intra-industry protection and judicial protection of personal financial privacy in China.The sixth chapter puts forward the perfect countermeasures according to the problems.
Keywords/Search Tags:big data, financial consumers, personal financial privacy, legal protection
PDF Full Text Request
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