Application of Principles of Minimization in Collection of Personal Credit Information:Di-lemma and Alternatives
The principle of minimization is regarded in legislation as a fundamental principle for person-al information collection in many countries.In personal credit reporting,this principle is also expressed in Article 7 of the Credit Reporting Business Management Measures.In comparison with general personal information collecting behavior,credit information collection,being pri-mary in personal credit reporting,takes on a series of specific features,which weaken the ne-cessity for the application of the principle of minimization,and cast doubt on the rationality of Article 7 of the"Measures".The application of the minimization principle may lead to intensi-fied conflict of rights and interests,further imbalance of supply and demand in the credit mar-ket,and the limited effectiveness of the credit reward and punishment mechanism.If the mini-mization principle is given up,better maintained will be the rights and interests of personal credit agencies and the development of personal credit industry.Meanwhile,it is necessary to be cautious that information collection is not so excessively made that the rights and interests of credit subjects will be infringed.The combination of the negative list system,the relevance principle and the use of minimization principle will jointly help achieve to the greatest extent the balance of rights and interests between credit subjects and credit investigation agencies.
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