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Wuxi Administrative Measures On Personal Credit Information Collection

Original Language Title: 无锡市个人信用信息征集管理办法

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Individual credit information collection management approach in the city without Simple

(Summit 8th ordinary meeting of the Government of the Community of 14 November 2012 to consider the adoption of Decree No. 132 of 3 December 2012 No. 132 of 3 December 2012 No. 132 of the Decree No. 132 of 3 December 2013.

Chapter I General

Article 1, in order to strengthen the collection and application of personal credit information, protect the safety of individual credit information, preserve the legitimate rights and interests of the State, the public interest of the society and the licensor, and develop this approach in the light of the relevant laws, regulations and regulations.

Article 2

Article 3 of this approach refers to information that natural persons are able to reflect individual credits in society and economic activity.

This approach refers to activities such as pooling, processing, use and correction of personal credit information.

Article IV sets out individual credit information consistent with the principle of objectivity, impartiality, accuracy and who provides who is responsible, upholds the legitimate rights and interests of the individual and protects the privacy of the individual.

Article 5 is the city's credit management responsible for the guidance, coordination and monitoring of individual credit information collection.

The departments concerned should work in conjunction with individual credit information sets in accordance with their respective responsibilities.

Article 6. Public credit information centres established by the Government of the city (hereinafter referred to as the municipal credit centre) are responsible for the construction, maintenance and management of the personal credit base data management system in the city and for the collection of personal credit information in accordance with this approach.

Article 7

Article 8

The personal credit data system of the solicitation body is an important vehicle for the management of personal credit information by this body.

Chapter II

Article 9

(i) Basic personal information: names, sex, date of birth, identification card, place of residence, residence, work unit, education and vocational information;

(ii) Individual credit information: information generated by private and financial institutions, housing pools in activities such as loans, credit cards, security, disclosed by industry authorities or industry associations;

(iii) Individual commercial credit information: personal purchases, contributions, etc. of personal credits, etc. arising from commodity transactions and service relations between individuals and business agencies, utilities units;

(iv) Public credit information in the individual society: personal information generated by executive organs, the judiciary, organizations exercising public administration functions in the exercise of their duties;

(v) Other information relating to personal credits provided for in laws, regulations.

Article 10 prohibits the designation of the following personal information, with the exception of voluntary contributions:

(i) National, racial, religious and political beliefs;

(ii) Information that may affect the normal life of the licensor, such as physical patterns, gene, blood, disease and morbidity;

(iii) Other personal information that is not relevant to personal credit or is prohibited by law, legislation and regulations.

Article 11. Municipal credit centres should be kept in a timely manner by pooling administrative organs, the judiciary, organizations exercising public administration functions, utilities units, industry organizations (hereinafter referred to as information providers) to perform their duties and by pooling personal credit information available to financial institutions in financial activities through agreement.

The information-provided units should be made available to the municipal credit centre in a timely, accurate and complete manner, after the generation of personal credit information.

Article 12. Specific scope, time, modalities and formats for the provision of personal information by the information-provided units are determined separately by the credit management in accordance with the relevant provisions.

Article 13 Accreditation institutions may pool personal credit information by:

(i) Separately from municipal credit centres;

(ii) Accreditation by agreement;

(iii) Conversion from information publicly reported by the media.

Individual credit information is prohibited by deception, theft, coercion, the use of computer networks intrusion.

Article 14.

Article 15. The solicitation body shall produce individual credit reports or personal credit assessment reports based on personal credit processing.

Individual credit assessment reports produced by the solicitation agencies should be based on the assessment of the indicators system and standards to ensure the fairness of the assessment results.

Chapter III Stocktaking and management

Individual credit information should be promptly and accurately recorded in the storage, management of the individual credit data system, and no structure or change.

Information providers should be responsible for the authenticity of the personal credit information provided to them; municipal credit centres and consortia are responsible for the authenticity of their personal credit information.

Article 18, in addition to the crime record, other negative credit information relating to personal credits, administrative sanctions, administrative disposition, etc., has been stored for a period of seven years from the date of termination of poor credit. The law, legislation and regulations provide otherwise, from their provisions.

Article 19 The municipal credit centre and the solicitation institutions should establish strict management systems that take the necessary technical measures to guarantee the confidentiality and safety of personal credit information.

Chapter IV Use and corrections

The following units and individuals (hereinafter referred to as users) may seek personal credit information in accordance with the following provisions:

(i) A unit or individual authorized by the applicant may have written authorizations, a unit code or an effective personal identity document to search the credit information of the author within the mandate;

(ii) The judiciary, the executive branch, which performs its functions under the law, may be certified by the organ to search the relevant personal credit information without compensation.

The licensor may have access to his own credit information as an effective document.

Article 21

Article 2

Individual credit information provided by the municipal credit centre should remain the original and completeness of the content; individual credit reports from the institution of the solicitation or individual credit assessment reports should be objective, impartial.

Article 24 provides a reference to the user's judgement of the applicant's credit status.

Article 25 The applicant or the user considers that the personal credit information is wrong and may make a written application to the municipal credit centre and the solicitation body that collects the personal credit information, which requires corrections and provide relevant evidence on the content of the objection.

Article 26 The municipal credit centre and the solicitation body shall be dealt with within 20 days of the date of receipt of the application for the objection, in accordance with the following provisions:

(i) The objecting information shall be verified as necessary, subject to correction, and shall be communicated in writing to the applicant and the respondent;

(ii) The objecting information, which has been verified without correction, may not be amended, but the applicant should be informed in writing;

(iii) The objecting information could not be verified and the reasons for deletion should be removed from the individual credit data system, recorded and communicated to the applicant in writing.

In article 27, the author of the objection had not received a response after the date of the receipt or had been considered wrong and could apply to the credit management to deal with the objecting information.

The credit management shall take a decision within 30 days of receipt of the request and write the applicant.

Article 28 does not verify the non-disclosure; the information is not disclosed and used for the time period of the disposal of the objection.

Chapter V Legal responsibility

Article 29, organizations exercising public management functions and their staff members, violates the provisions of this approach, communicates by one of its units or superior organs and, in the light of the circumstances, give warnings, lapses and excessive disposal to the competent and other direct responsibilities directly responsible:

(i) The provision of personal credit information or the provision of false information in accordance with the provisions;

(ii) Oriental evaluation of individual credit status or subjective evaluation;

(iii) No reference services are provided in accordance with the provisions;

(iv) Use of personal credit information for profit;

(v) No objection information is dealt with in accordance with the provisions;

(vi) Other abuses of authority, provocative fraud, and the pursuit of negligence.

Article 33, in violation of this approach, the solicitation body has one of the following acts, which is redirected by a credit management order, warned and may be liable to pay a fine of up to €50 million; and civil liability under the law:

(i) In violation of article 10, the compilation of personal information that is prohibited;

(ii) The production of individual credit reports, personal credit assessment reports, in accordance with article 15;

(iii) In violation of article 16, the structure and the alteration of personal credit information;

(iv) The failure to address the loss of the information on objections under article 26.

In violation of article 13, paragraph 2, of this approach, the licensor provides for the identification of personal credit information by other unjustifiable means, or, in violation of article 22, the provision of personal credit information to the licensor and the user's units or individuals, which are converted by the credit management order and which can be fined by more than 5,000 yen; damages are causing civil responsibility under the law.

In violation of article 16 of this approach, the solicitation body has not promptly and accurately recorded personal credit information, or has not provided access to the user pursuant to article 20, which is subject to correction by the credit management order, a warning and a fine of up to 1,000 yen.

Article 33, in violation of other provisions of this approach, stipulates that the provisions of the law, legislation and regulations have been penalized and are criminalized by law.

Annex VI

Article 34 of this approach is implemented effective 1 February 2013.