Credit information and right of privacy protecting--Examined personal credit information protection legal system by the conflicts of credit information and right of privacy

• Main Authors: Min-Tzu Lai, 賴敏慈
• Other Authors: Len-Yu Liu
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/48051721574593088671

碩士 === 中原大學 === 財經法律研究所 === 93 === Abstract As the social development, financial transaction goods are weeding out the old and bringing forth the new constantly, the concept of the traditional right of privacy is produced and changed , the range is also expanded day by day, the development of this trend, the idea of ' the right of financial privacy arises at the historic moment. Financial privacy, means the right of disposition of control in information right to be correlated with credit or the trade of holder (usually consumers or the party ) of meaning credit information, this kind of right also has information of interests of property, regard credit information as the core, including the owner's economy and information in the marketing state of financial affairs ; By nowadays social situation,consumers , because of protecting individual privacy, there will usually be suitable doubts in disciosing individual credit informations, even worry the amount that the bank will borrow money to it because of learning the personal credit materials , apply for the credit card etc. and exert an unfavorable influence. However, if as for position of financial circles, Such as like pair of the information that individual exists in the information organization of credit, do not think that it has good debt letter yet. As for our country, if personal credit reveal at all, only his one degree of credit of classifying as; But in the information developed country of credit, personal credit is like the complete blank, then the creditworthiness is zero, and easy to be thought to have possibility of hiding the great debt with bad letter. Credit information and pravicy, just like a line that both ends drag each other, how to obtain its delicate equalization point during that time, draw lessons from the legislation that the advanced country is correlated with, and perfect the system that consumer's credit of our country and personal secrets protected, it is the task of top priority in fact. This thesis divides into five chapters, chapter one is a preface, chapter two introduces the definition of the credit information and credit bureau, and American, Japan, China's Mainland main credit bureau, narrating it’s background and development overview, chapter three introduce the law to the relevant regulation of credit bureau, or the personal data protection law of the above-mentioned country, contrast the present situation of legal system of our country with the legal system in other country. in the fourth rule and regulation, it is getting more technological in order to legislating aspect, collecting important document of dealing with of, the materials one with, as one argumentation in party right protection and management where materials protect ,etc., issue build legal environment to offer suggestions future to our country.