Research On Informed Consent Rules Of Personal Credit Information System

As a general rule of personal credit information processing,informed consent has the practical effect of making the information processing behavior legitimate and legal.This is not only the first threshold for protecting personal credit information,but also individuals can actively use the rules of informed consent to make personal credit information play a greater economic and social value.When the informed consent rules are specifically applied to the field of personal credit information,due to structural defects and practical application,there are continuous problems.It is urgent to establish a personal credit information rights protection system through special laws on credit information,to refine the obligations of administrative subjects and market subjects,and to strengthen Internal and external supervision mechanism and credit reporting objection and complaint mechanism to avoid the structural defects of informed consent exposed by the information age.Therefore,the research path starts from three aspects:First,the basic theory of informed consent is the cornerstone of legislation,and legislation implements the basic theory in reverse.From the perspective of academic theory,the legal basis of informed consent,the debate on the nature of consent,and the theoretical connection with personal credit information are used as the basic theory of informed consent rules.From a legislative perspective,compared with the "choose-in or opt-out" legislative structure outside the territory,the legislative structure of the general rules determined by my country’s Personal Information Protection Law and the special practical rules in the field of credit reporting is more in line with informed consent under the current personal credit information system.legislative needs.Under the trend of rapid development of credit information,the inherent defects of the structure of informed consent rules have been magnified.Legislative regulation of them has the value functions of protecting rights,enhancing personal dominance,and alleviating information asymmetry,and at the same time,it has the function of promoting the legality of information processing behavior.,establish the dual protection model of consent,protect privacy and promote the value role of multi-interest balance.Second,take the case as the guide,and summarize the specific problems that arise when the informed consent rule applies to personal credit information.The practical application of the informed consent rule in the personal credit information system has exposed problems such as deviation from practical and theoretical design,limited consent in the field of public credit,formalization of rules in the field of market credit,and scattered relief channels resulting in disconnection of protection.However,the initial cost and benefits of the credit system construction are not proportional,the conditions for citing private law rules in the field of public law are not yet mature,the singleness of credit rights relief paths,and the lack of a civil law claim basis for the rules of informed consent are the reasons for the aforementioned problems.Third,based on the problems and causes,perfect thinking about how to reasonably apply informed consent to the personal credit information system.In general,the position that the individual agrees to be in a weak position should be upheld.The rigid structure of the rules of informed consent and the standards for making personal consent can only be properly referred to the flexible spirit of the "consistency of the scene" theory.Regarding the application of the rules of informed consent,it is urgent to establish a personal credit information rights protection system through the upper law,and to refine the administrative organs.And industry associations,chambers of commerce’s prior notification obligations and procedural violation sanctions,broadening the internal and external supervision channels of credit reporting agencies,and refining the objection and complaint mechanism have been properly resolved.