TITLE:
Research on Cross-Border Protection of Personal Financial Information from the Perspective of China Civil Code
AUTHORS:
Haoming Huang
KEYWORDS:
The Civil Code, Personal Financial Information, Data
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.2,
May
16,
2024
ABSTRACT: In the process of economic globalization, the issue of cross-border personal financial information protection has become an important problem that needs to be solved urgently. The China Civil Code provides private remedies for the protection of personal information. However, due to its limitations as a private law, there are many existing questions which make it difficult to solve the problem of cross-border personal information protection, such as the definition of personal financial information is unclear, the format contract prepared by financial institutions does not comply with substantive justice, and individuals can hardly obtain relief in infringement lawsuits. In this article, the terminology of cross-border personal financial information is defined and the current status of China’s public law regulation and private law protection is sorted out. Subsequently, bellow suggestions are put forward: clarifying the minimum distinguished standards between personal financial privacy information and general information; establishing corresponding financial contract templates, and constructing an assessment mechanism dominated by financial regulatory agencies.