Original Title: Credit Information Business Management Welcome Regulations The Central Bank Draws “Four Musts” Red Lines for Credit Information Collection Source: Wenhua Finance
Wenhua Finance (edited and compiled by Luan Deqiang)-According to a report by Shanghai Securities News on January 12, in order to improve the transparency of credit investigation business activities, protect the legitimate rights and interests of information subjects, and promote credit information among information providers, credit investigation agencies and information users According to the “Credit Investigation Industry Management Regulations” and the actual development of the credit investigation business, the Central Bank drafted the “Credit Investigation Management Measures (Draft for Solicitation of Comments)” in accordance with the laws and regulations, and publicly solicited opinions from the public on January 11.
Since the “Regulations on the Management of Credit Investigation Industry” was promulgated and implemented in 2013, my country’s credit investigation industry has entered a rapidly developing era of digital credit investigation. New business formats have continued to emerge. However, the lack of clear credit investigation business rules has led to unclear credit investigation boundaries. Problems such as inadequate protection measures for the rights and interests of information subjects continue to arise.
The introduction of the “Measures” meets the needs of the standardized development of the credit investigation industry. The “Measures” mainly include four aspects: one is to make clear provisions on credit information and credit investigation business, so that credit supervision and supervision can be followed by law; the other is to collect, organize, store and save credit information from the perspective of protecting the legitimate rights and interests of individuals and enterprises. Provisions are made for processing; the third is to regulate the use of credit information to ensure that it is used for legal purposes; the fourth is to provide for the security and cross-border flow of credit information.
The “Measures” will define various types of information that provide services for financial and economic activities and determine the credit status of individuals and enterprises as credit information, and its information service activities are credit investigation activities. Credit information includes, but is not limited to: the identity, address, transportation, communication, debt, property, payment, consumption, production and operation, fulfillment of legal obligations and other information of individuals and enterprises, as well as the analysis and formation of the credit status of individuals and enterprises based on the foregoing information. Evaluation information.
The Measures clarify that credit reporting agencies shall not charge information subjects on the grounds of deleting bad information or not collecting bad information. Credit reporting agencies are required not to collect information in illegal ways; when collecting personal information, they should inform the purpose of collection, the source of information, and the scope of information, etc.; collecting non-public corporate credit information should obtain the consent of the enterprise; sorting, storing, and processing credit information should Follow the principle of objectivity and not tamper with the original data.
In terms of information collection methods, the “Measures” stipulate that credit reporting agencies shall not collect credit information in the following ways: by deception, coercion, or inducement; by charging individuals or enterprises collected; collecting from illegal channels; Ways to infringe the legitimate rights and interests of information subjects. It is clear that in the credit investigation business and related activities, the lawful rights and interests of information subjects shall be protected in accordance with the law, information security shall be protected, and the leakage and abuse of credit information shall be prevented.
The “Measures” stipulate that credit reporting agencies must not make promises about credit evaluation results; they must not use content that suggests evaluation results, or borrow the names of government departments or industry associations for market promotion; they must not use coercion, deception, or inducement to inform information Subjects or information users provide credit information products and services; false publicity of credit information products and services is prohibited.
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