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Interim Measures On Personal Credit Management In Jiangsu Province

Original Language Title: 江苏省个人信用征信管理暂行办法

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(Adopted by the 98th Standing Committee of the People's Government of Southern Susang on 11 September 2007 No. 37 of the Decree No. 37 of 13 September 2007 of the People's Government Order No. 37 of 13 September 2007 (Acts of 1 November 2007)

Chapter I General
Article 1, in order to regulate personal creditworthiness activities, guarantees the objective and impartial provision of personal credit letter services by individual credit-call bodies, guarantees the accuracy, security and legitimate use of personal credit information, protects the legitimate rights and interests of the parties, and develop this approach in line with the relevant laws, regulations and regulations.
Article 2 of this approach refers to personal credit letters of credit, which refer to activities such as personal credits collection, storage, processing, use, etc. by the individual crediting agency (hereinafter referred to as a licensor); personal credit information referred to as performance records and related data generated by natural persons in social and economic activities.
Article 3. This approach applies to the collection, processing, use and supervision of personal credit information within the territorial administration.
Article IV governs and oversees the supervision of individual credit letters throughout the province. The municipal government credit management in the establishment area is responsible for the guidance and supervision of the work of individual credit letters within the Territory.
The relevant departments of the provincial and local governments in the area are governed by their respective responsibilities, in coordination with the guidance and supervision of individual credit letters.
Article 5 The granting of royalties is developed by the provincial credit management and approved by the Government.
Article 6. The solicitation body shall collect personal credit information through lawful means, record credit information objectively, produce personal credit products scientifically, impartially.
Chapter II
Article 7
(i) The identification of individuals and basic personal information reflecting the situation of their families, occupations;
(ii) Individual credit information generated by a credit relationship between individuals and financial institutions, the housing treasury administration;
(iii) Individual performance information generated by a purchase relationship between a person and a business agency, a utility unit;
(iv) Information relevant to personal credits generated by executive organs, the judiciary, organizations exercising public administration functions, etc. in the exercise of their functions;
(v) Other information relating to individual credits.
Article 8. Administrative organs, the judiciary, organizations exercising public administration functions, utilities units and industry organizations should be provided in a timely, accurate and complete manner to the individual base credit information database designated by the provincial government after the generation of personal credit information.
Specifically, the scope, timing, format, etc. are determined by the provincial government after the provincial credit management company's information delivery unit.
The personal base credit information database should provide information-gathering services to administrative organs, the judiciary, organizations exercising public management functions, utilities units, industry organizations.
Article 9. The solicitation body may obtain personal credit information from a database of personal base credit information designated by the provincial government.
Individual credit information can be collected by the solicitation body.
Article 10 collects personal credit information, with the written consent of the licensor, except where:
(i) Disadvantaged credit information provided by the party in the credit transaction;
(ii) Applicants in brokering services such as identification, assessment, brokering, counselling, are recorded in the form of discipline by industry organizations in violation of good credit principles;
(iii) Information relevant to personal credits generated by executive organs, the judiciary, the organization exercising public management functions, etc.;
(iv) Other personal credit information that has been made public by law.
Article 11 prohibits the collection 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 credits or is prohibited by law, legislation and regulations.
Article 11.
Individual credit information collected by the solicitation body should be an accurate record of objective facts and the source of personal credit information should be lawful.
Individual credit information is prohibited by deception, theft, coercion, the use of computer networks intrusion or other unjustifiable means.
Article 14. The licensor may access his own credit information to the personal base information database.
Chapter III
Article 15. The solicitation body shall establish a personal credit information database and information system that shall promptly and accurately incorporate personal credit information and shall not be constructed or modified.
Article 16 should establish information matching rules to match the personal credit information collected by an effective personal identity identifier and ensure the accuracy of the information entries.
Article 17
Individual credit reports should objectively reflect individual credit information and should not be construed and evaluated.
Individual credit assessment reports should be based on scientific, reasonable assessment indicators systems and standards to ensure the fairness of the assessment results.
Article 18 should establish a management system that takes the necessary technical measures to guarantee the operation of the personal credit information database and the confidentiality of personal credit information.
Accreditation institutions should be equipped with the personal credit information database to prevent the loss of information.
Individual credit information systems should be established by the solicitation agencies to visit their mandates, record the system visit sheets, prevent the system from being subject to cross-border visits or cross-border treatment.
Chapter IV Use of personal credit information
Article 19 provides and uses personal credit information and shall be agreed by the applicant. The laws, regulations and regulations also provide for their provisions.
Article 20, without the consent of the licensor, shall not disclose, in the personal credit report or in the personal credit assessment report, personal information that is prohibited under article 11 of this scheme but which is voluntarily provided by the licensor.
Article 21 discloses or uses deadlines for the disclosure or use of personal negative credit information for up to seven years from the date of the termination of the adverse credit. The law, legislation and regulations provide otherwise, from their provisions.
Exclusive institutions may not disclose or use debt arrears over the prescribed period of time, industrial corrections, administrative disposition or administrative penalties records, and poor credit information other than criminal records.
Article 22 shall not disclose individual credit reports, personal credit assessment reports and personal credit information, to entities other than users.
Article 23. Individual credit reports and personal credit assessment reports provided by the solicitation agencies as a reference basis for the user's judgement of the applicant's credit status.
Article 24: The solicitation body shall provide the following information, at the request of the respondent:
(i) your credit information;
(ii) Sources of self-governing information;
(iii) Access to users of their own credit reports or credit assessment reports.
Article 25
Accreditation agency provides a standard of fees for individual credit reports and individual credit assessment reports, which are determined by provincial price authorities with provincial credit management authorities.
Individual credit information needs to be used by the judiciary, the executive branch in the process of processing cases and administrations, which can be obtained without compensation from the solicitation agencies.
Chapter V Treatment of objections information
Article 26 is erroneous in the opinion of the licensor or the user that the personal credit information is wrong and can be challenged in writing by the solicitation body and subject to correction.
The objecting applicant shall provide relevant evidence on the content of the objection.
Article 27's objection information is collected on its own basis, and the solicitation body shall, within 20 days of the date of receipt of the objection application, deal with the following provisions:
(i) The information of the objection is verified as necessary and should be corrected in a timely manner, and the applicant and the respondent;
(ii) The objecting information shall be verified without correction or verification and may not be amended, but shall be communicated to the applicant. The objecting information cannot be verified without disclosure.
The objecting information is not collected on its own basis, and the solicitation body shall notify the information provider of the verification. Information providers should respond within 10 days.
The information was not disclosed and used in the time period for the processing of the objection information.
Article 28 provides a unit and a person with personal credit information to the solicitation body and finds that the personal credit information provided is wrong and shall be communicated in writing in a timely manner. The solicitation body shall make corrections to the relevant information within 2 February of the notification.
Article 29, Individual credit information was corrected, and the solicitation body should provide a correctional personal credit report to the licensor without compensation and, in a timely manner, corrections to the credit products produced according to the objecting information.
Article 33 The licensor shall not be processed within 20 days of the date of receipt of the objection, and the applicant may apply for the processing of the application by the credit management body, which shall take a decision within 30 days of the date of receipt of the request.
Chapter VI Oversight management
Article 31: The solicitation body shall submit the following matters to the credit management body:
(i) Methods, standards and operational rules for the collection, processing, processing and processing of personal credit information;
(ii) The regulations guaranteeing the safe operation of individual credit information systems;
(iii) Other matters required by law.
The credit administration should conservative commercial secrets for the solicitation body.
Article 32 states that the solicitation body shall make public the following matters to society, including through the publication of the place of business, and shall receive social oversight:
(i) The time frame for collection and disclosure of personal credit information;
(ii) The manner in which individual credit reports and personal credit assessment services are obtained;
(iii) Feasibility criteria for individual credit reporting and personal credit assessment services;
(iv) Dispositioning procedures;
(v) Other matters required by law.
Article XIII should report to the credit management authorities in the first quarter of each year on the following:
(i) Individual credit information collection, processing and use;
(ii) Implementation and implementation of relevant regulations such as the operation of the individual credit information system and the security of credit information, data maintenance;
(iii) The collection, search and assessment of services by individual credit information;
(iv) Complaints and responses.
Article 34 quantification agencies should be addressed in a timely manner when there is a major failure in the personal credit information system, a serious breakdown of personal credit information, and reporting to the credit management agencies and relevant departments.
Any unit or individual considered that the solicitation activity of the institution violates its legitimate rights and interests, or that there are other offences, may lodge a complaint or report to the credit administration.
The credit administration shall address and respond within 30 days of the date of receipt of the complaint or the report.
Article XVI states that, in the event of termination of business, such as the dissolution, withdrawal and insolvency, an individual credit information database should be addressed in the following manner:
(i) Transfer of provincial credit management;
(ii) Transfers to other legitimate constituencies under the supervision of the provincial credit administration;
(iii) Destruction under the supervision of the provincial credit administration.
Chapter VII Legal responsibility
Article 37, in violation of this approach, the solicitation body has one of the following acts, being modified by a credit management order, warned and punishable by more than 1,000 dollars:
(i) No timely and accurate recording of personal credit information;
(ii) No search services were provided to the applicant;
(iii) The circumstances that have not been reported in accordance with article 31 or in accordance with article 33;
(iv) No public-related matters in accordance with article 33 (2).
In violation of this approach, the solicitation body has one of the following acts, which are redirected by the credit management authority, warned and punishable by a fine of up to 5,000 yen; causing damage to civil responsibility by law; and criminal liability by law:
(i) The collection of information other than those provided for in article 10 of the scheme without the consent of the applicant;
(ii) The collection of personal information prohibited;
(iii) Streamlining, storing personal credit information, or unauthorized access to the information prohibited;
(iv) The failure to address in a timely manner the loss of the objecting information and the correction of credit products.
In violation of this approach, the solicitation body has one of the following acts, which are restructured by the credit management authority and may impose a fine of more than 3,000 dollars; causing damage to civil responsibility under the law; and criminal liability under the law:
(i) The collection of personal credit information by deception, theft, coercion, the use of computer networks intrusion or other inappropriate means;
(ii) Individual credit reports, personal credit assessment reports or disclosure of personal credit information without the consent of the licensor to provide individual credit reports to other units and individuals;
(iii) Disclosure or use of information concerning non-disclosure and use in individual credit reports.
Article 40 Administrative organs, organizations exercising public administration functions and their staff members, in violation of the provisions of this approach, provide personal credit information, provide false information or do not deal with the objecting information in a timely manner, are informed by their units or superior bodies; and provide warning, lapses and disposals to competent and other direct responsibilities directly responsible personnel, depending on the circumstances.
Chapter VIII
Article 40 provides for the collection of credit information from the personal base credit information database and should be in compliance with national provisions.
The credit licensor operates in a personal society and should adhere to this approach.
Article 42