Personal Credit Information Collection:Improvement of Criteria Clarity and Informed Consent Principle
In the context of strengthening personal information protection and social credit system con-struction,in collecting personal credit information in China exist such problems as unclear criteria of in-formation subjects,linkage between information and credit,distinction between public and non-public information,information sensitivity and evaluation,etc.The subject of personal credit information should be the natural person irrespective of his civil capacity.The recognition of linkage between personal infor-mation and credit should adopt legal and contractual obligations.The public and non-public nature of in-formation should be distinguished with public interest as the standard.As sensitivity represents the risk of personality interest infringement,it is advisable to judge comprehensively with consideration of specific situations.In the process of collecting personal credit information exist such problems as uniform applica-tion of the principle of informed consent regardless of difference in information nature and sensitivity,rig-id and single explicit expression mode,and formalistic informed consent.It is advisable to separately ap-ply according to the nature and sensitivity of information and to introduce implied consent conditionally.
personal credit informationnatural personpublic interestsensitive informationimplied consent
万方数据
维普
