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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384558.shtml

Wuxi administrative measures on personal credit information collection

    (November 14, 2012 Wuxi municipal people's Government at the 8th Executive meeting on December 3, 2012 Wuxi municipal people's Government announced the 132th come into force February 1, 2013) Chapter I General provisions

    First in order to strengthen the individual credit information collection and management, protect the security of personal credit information and safeguard national interests, public interests, and credit the legitimate rights and interests, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city of personal credit information collection activities related to management and the application of this approach.

    Article personal credit information in these measures refers to natural persons in the social and economic activities in the formation of personal credit information.

    Personal credit information collected in these measures, refers to the collection, processing, use and correction of personal information and other activities.

    Fourth personal credit information collection follow objective, fair, accurate, and who provide who principles, safeguard the legitimate rights and interests of the individual, the protection of individual privacy.

    Fifth of municipal economic and information Commission is the credit management Department, responsible for the city's individual credit information collecting of guidance, coordination and supervision.

    Relevant departments shall, in accordance with their respective responsibilities, in collaboration with good management of personal credit information collection.

    Sixth municipal people's Government established a public credit information center (hereinafter credit Center), basic data of individual credit management system, is responsible for the construction, maintenance and management, and personal credit information collection under this regulation.

    Article seventh personal credit information institutions established by law (hereinafter referred to as credit bureaus) personal credit information should be collected through legal channels.

    Article eighth city personal credit based data management system (hereinafter referred to as personal credit data system) is the city's individual credit information collection, collation, storage, use and implement the core shared services platform, integrated management of Government personal credit information, enhance the level of public services the main carrier.

    Credit reporting agencies personal credit data system is an important carrier of the administration of personal credit information.

    Chapter II collection and processing

    Nineth personal credit information including the following:

    (A) the basic personal information: name, gender, date of birth, social security number, place of residence addresses, residence, place of work, education and other identification information and career information;

    (B) the personal credit information: disclosure of departments in charge of industry or industry associations, individuals and financial institutions, public housing fund management center in the loan, credit card, security and other activities in the form of information;

    (C) individual business credit information: individuals and businesses, utilities, commodity trading and service relationships to form personal credit, payment and other information;

    (D) public information: administrative organs, judicial organs exercise of management functions of the Organization in the exercise of public authority, and in the process of formation of the personal information;

    (E) the laws, regulations and other credit-related information.

    Tenth collect the following personal information is prohibited, unless it is provided voluntarily by:

    (A) national, race, religious beliefs, political beliefs;

    (B) the gene, blood type, body shape, disease and history, may affect the normal life of credit information;

    (C) has nothing to do with personal credit or other laws or regulations prohibit the collection of personal information.

    11th municipal credit Centre shall collect administrative organs, judicial organs, the exercise of the functions of public administration organizations, utilities, industry organizations (hereinafter referred to as information providers) to perform his duties by the formation of personal credit information, agreed ways and can collect in the financial activities of financial institutions in the mastery of personal credit information.

    Information provided after the personal credit information generated should be timely, accurate and complete credit to the city centre.

    12th information unit provides personal information the specific scope, time, manner and form by credit management departments in accordance with the relevant provisions, in conjunction with the information provided shall be separately identified.

    13th credit bureaus can collect personal information in the following ways:

    (A) by agreement, credit Center, from the collection;

    (B) by agreement to the person subjected to credit collection;

    (C) collection of information from media reports.

    Prohibits the use of deception, theft, intimidation, using computer intrusion and other unfair means to collect personal credit information.

    14th of municipal credit processing center is allowed to collect personal credit information, not personal credit ratings or making subjective evaluations.

    15th article credit institutions should be based on personal credit information processing of personal credit reports or personal credit rating reports.

    Credit bureaus make individual credit assessments shall be based on evaluation index system and standards on the basis of ensuring impartiality of evaluation results.

    Chapter III storage and management

    16th personal credit information should be timely and accurate entry of personal credit data systems for storing, managing, not imaginary or tampered with.

    17th information providers should be responsible for providing personal credit information authenticity; credit and credit bureaus on collection of personal credit information is responsible for the authenticity. 18th other than criminal records, personal credit and other industries related to the disciplinary, administrative sanctions, administrative sanctions such as adverse credit information stored for a period from the date of termination of the bad credit for 7 years.

    Otherwise provided by laws and regulations, from its provisions.

    19th of municipal credit and credit institutions should establish a strict management system, to take the necessary technical measures to ensure the confidentiality and security of personal credit information.

    Fourth chapter using the correct

    Article 20th the following units and individuals (hereinafter referred to as the user) can access to personal credit information according to the following provisions:

    (A) by units or individuals authorized by credit queries, can hold a written authorisation, units and agencies code card or personal identification documents effectively, within the mandate of the inquiry is collecting people's credit information;

    (Ii) shall perform the functions of the judiciary, the Executive, can prove free queries related to personal credit information.

    Credit one can query my credit information with identity and effective documents.

    Article 21st users to obtain personal credit information will not be disclosed or provided to any other unit or individual shall not use personal credit information for gain.

    22nd of municipal credit and credit institutions not to be credit and users of other units or individuals for personal credit information, as otherwise provided by laws and regulations, from its provisions.

    Personal credit information, credit Center, 23rd should keep the original and integrity; credit reporting agency personal credit reports or personal credit evaluation report should be objective and fair.

    24th personal credit information is the user determine the credit standing by credit reference.

    25th credit or users that personal credit information is wrong, can contribute to the collection, credit, the personal credit information center and credit agencies objected in writing applications for request for correction, and the evidence object.

    Credit article 26th city centre and credit institutions shall receive date of objection in the 20th, in accordance with the following provisions:

    (A) the objection information verified to have the necessary corrections, and should be corrected, and written notice of objection to the applicant and the credit person;

    (B) objection to information verified to no correction, you can dispute information without modifications, but shall notify the objection to the applicant;

    (C) the objection cannot be verified should be deleted from the system of personal credit data, record reason for deletion, and written notice of objection to the applicant.

    27th objections the applicant fails to receive a reply, or reply is still in error, you may apply for credit information management objections dealt with.

    Credit management departments shall, from the date of receipt of the application within 30th decision and written replies to objections to the applicant.

    28th objection shall not disclose that information cannot be verified it; information processing within the time limit, not to disclose and use the information.

    The fifth chapter legal liability

    29th administrative organs, the exercise of public management functions of the Organization and its staff, in violation of these rules, any of the following acts, be informed by his entity or his upper level organs, and depending on the seriousness of the direct responsibility of managers and other persons to give warning, demerit, demerit penalty:

    (A) is not provided in accordance with the provisions of personal credit information or provide false information;

    (B) unauthorized credit rating or make a subjective evaluation of the individual;

    (C) failing to provide query service;

    (D) the use of personal credit information for gain;

    (E) failure to handle an objection pursuant to the provisions of information;

    (Vi) other acts of abuse, malpractice, neglect their duties.

    30th credit institution violates these rules, any of the following acts, managed by the credit Department ordered corrective action and give a warning, and may be fined a maximum of 5000 Yuan and 20,000 yuan; for damage caused, he shall bear civil liability:

    (A) violation of article tenth, collection of prohibition of collection of personal information;

    (B) in accordance with article 15th manufacture personal credit reports, personal credit rating reports;

    (C) contrary to article 16th, fictitious, altered personal credit information;

    (D) does not handle objections in accordance with article 26th information loss.
31st article levy letter institutions violation this approach 13th article second paragraph provides, to other not due means collection personal credit information, or violation 22nd article provides, to was levy letter people and user yiwai of units or personal provides personal credit information query of, by credit management sector ordered corrected, and can at 5000 Yuan above 30,000 yuan following fine; caused damage of, law bear civil responsibility.

    Article 32nd credit reporting agency violates the measures article 16th, no timely and accurate input of personal credit information, or not in accordance with article 20th provides enquiry services to users, managed by the credit Department ordered corrective action and give a warning, and may be fined a maximum of 1000 Yuan and 10,000 yuan.

    33rd article violates other provisions of this approach, provisions of laws and regulations on punishment, from its provisions constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 34th article of the rules take effect on February 1, 2013.