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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(September 11, 2007 Jiangsu Province Government 98th times Executive Conference considered through September 13, 2007 Jiangsu Province Government makes 37th, announced since November 1, 2007 up purposes) first chapter General first article to specification personal credit levy letter activities, guarantees personal credit levy letter institutions objective, and just to provides personal credit levy letter service, guarantee personal credit information of accurate, and security and due using, protection party of lawful rights and interests of, according to about legal, and regulations, combined this province actual,
    These measures are formulated.
    Second individual credit in these measures refers to individual credit institutions (hereinafter referred to as credit bureaus) of personal credit information collection, storage, processing and use of such activities; the claimed personal credit information, refers to the natural person in social and economic activities in the form of performance records and related data.
    Third article this regulation is applicable in the province within the administrative area of personal credit information collection, processing, use, supervision and management. Fourth provincial credit management organization responsible for the province's individual credit information collecting work of guidance and supervision and management.
    District municipal credit management institution is responsible for the work of the individual credit within their respective jurisdictions guidance and supervision and management.
    Relevant departments of the provinces, districts and municipal people's Governments in accordance with their respective responsibilities, in collaboration with the guidance and supervision of the work of the individual credit. Article fifth personal credit introduction of franchising.
    Franchise granted by credit institutions of the province to establish, submitted to the provincial people's Government for approval.
    Sixth article credit institutions shall collect personal credit information through legitimate means, objective records of credit information, science, just making personal credit products. Second chapter personal credit information of collection seventh article personal credit information including following content: (a) according to to recognition personal identity and reflect personal family, and career, situation of personal basic information; (ii) personal and financial institutions, and housing Provident Fund management institutions occurred credit relationship and formed of personal credit information; (three) personal and commercial institutions, and utilities units occurred credit relationship and formed of personal performance information; (four) administrative organ, and judicial organ, and
    Exercise the management functions of the Organization in the exercise of public powers formed in the process of information associated with the individual credit and (v) other credit-related information.
    Eighth law that administrative organs, judicial organs and public management functions of the Organization, utilities, industry organizations in the wake of personal credit information should be timely, accurate and complete personal credit information database provides the basis of the provincial government.
    Provide specific information, such as the scope, timing, format, format, provided by the, credit management related information units, reported to the Government.
    Personal credit information database should be based on the administrative organs, judicial organs, the exercise of the functions of public administration organizations, utilities, industry organizations providing information services.
    Nineth credit bureaus can basis from the provincial government's personal credit information database for personal credit information.
    Credit bureaus can collect their own personal credit information.
    Tenth Article collection personal credit information, should consent of was levy letter people of written agreed, but has following case except: (a) in credit trading activities in the by against party party provides and true of other bad credit information; (ii) mirror card, and assessment, and brokers, and advisory, intermediary service industry of practice industry personnel, for violation honest credit principles by industry organization disciplinary of records; (three) administrative organ, and judicial organ, and exercise public management functions of organization, in exercise terms process in the formed of and personal credit related of information;
    (Iv) other personal credit information has been publicly.
    11th collect the following personal information is prohibited, unless it is provided voluntarily by: (a) national, race, religious beliefs, political beliefs, (ii) gene, blood type, body shape, disease and history may affect the credit information of normal human life, (c) has nothing to do with personal credit or other laws and regulations prohibiting the collection of personal information.
    12th article this way 11th provision prohibits collecting personal information unless provided voluntarily, but prohibit entry based on credit information database.
    13th credit bureaus collect personal credit information should be objective and accurate record of personal credit information should be from legitimate sources.
    Prohibits the use of deception, theft, intimidation and the use of computer network intrusion or other improper means to collect personal credit information.
    14th has been collecting basis people can contribute to the personal credit information database query my credit information.
    15th chapter of personal credit information processing a credit institution shall establish a personal credit information database and information systems, the timely and accurate recording of personal credit information, may not be fictitious or tampered with.
    Credit institutions should develop the information matching rules in the 16th, valid personal identification marks matching the collected personal credit information to ensure the accuracy of the information recorded.
    17th credit institutions on the basis of personal credit information to create personal credit reports, personal credit reports and other credit products.
    Personal credit report should reflect your personal credit information, not to extrapolate and valuation.
    Personal credit rating reports should be based on scientific and reasonable based on the evaluation index system and standard to ensure impartiality of evaluation results.
    18th article credit institutions shall establish a management system and take the necessary technical measures to ensure the running of personal credit information database security and confidentiality of personal information security.
    Credit reporting agencies personal credit information database should be encrypted backups to prevent loss of information.
    Credit institutions shall set up individual credit information system access, system access logs, prevents the system from unauthorized access or unauthorized processing. Article 19th of the fourth chapter of personal credit information credit bureaus provide and use of personal credit information should receive the consent of the credit.
    Otherwise provided by laws, rules and regulations from its provisions.
    20th without the consent of the credit, the credit institution shall not in any personal credit reports or personal credit rating reports, disclosure of the prohibition provided for in article 11th acquisition but by the credit information voluntarily provided personal information. 21st personal bad credit information to be disclosed, or used the term, for a maximum from the date of termination of the bad credit for 7 years.
    Otherwise provided by laws and regulations, from its provisions.
    The credit institution shall not in any personal credit reports or personal credit rating reports, disclose or use in excess of the prescribed term of default information, disciplinary, administrative punishment or administrative punishment records as well as other adverse credit information except the criminal record.
    22nd by users other than credit institutions not to units or individuals disclose personal credit reports, personal credit rating reports and reflecting the personal credit information.
    23rd credit bureaus provide credit reports and personal credit rating reports, as a user determine the credit standing by credit reference.
    24th article credit institutions shall, depending on the credit requirements, query service to provide the following information: (a) my credit information, (ii) I credit the source of the information; (c) to obtain my credit report or credit report users.
    25th personal credit of paid services.
    Credit bureaus provide credit reports and personal credit report fees, by the provincial Department in charge of price determined in conjunction with the province's credit management.
    Judicial and administrative authorities in handling the case, the administrative process requires the use of personal credit information, to credit bureaus free queries.
    Fifth chapter objections 26th record credit or users that personal credit information is wrong, you can apply to the credit Bureau a written objection, required to be corrected.
    Objection the applicant shall evidence object. 27th article objections information is itself collection of, levy letter institutions should in received objections application of day up 20th within, according to following provides processing: (a) objections information by verified does have necessary corrections of, should timely be corrections, and told objections applicants and was levy letter people; (ii) objections information by verified without corrections or cannot verified of, can on objections information not for modified, but should told objections applicants.
    Objection shall not disclose that information could not be verified. Object information is not collected on their own, credit reporting agencies should be notified to verify the information provided.
    Information providers should respond in the 10th.
    Objection to information processing within the time limit, not to disclose and use the information. 28th providing personal credit information to the credit reporting agencies and individuals, found that its the wrong personal credit information, shall promptly notify the credit Bureau in writing.
    Credit institutions shall, after receiving the notice related information can be corrected in the 2nd.
    29th the personal credit information is correct, credit institutions shall give credit free to provide a personal credit report corrected, and corrected in a timely manner according to the dissenting information making credit products.
    30th a credit institution of the date of the receipt of the objection of no special treatment in the 20th, objection the applicant can apply for the credit management institution of objection handling, credit institutions shall, on the date the application is received within 30th decision.
    Credit institutions shall in the supervision and administration of the sixth chapter article 31st will be filed the following credit institutions: (a) credit bureau collection, processing, processing of personal credit information, standards, and business rules, (ii) ensure the safety of personal credit information system regulation; (c) other matters which are required by law to record.
    Credit institutions shall keep commercial secrets for credit institutions. Credit institutions shall in the 32nd by place of publication, including the following matters to the public, and accept social supervision: (a) the specification for personal credit information gathering and disclosure time limits, (ii) access to personal credit report and credit rating services;

    (C) personal credit reports and credit rating services fees; (iv) objection handling procedures (v) other matters which are required by law to open.
    33rd article levy letter institutions should in annual first quarter to credit management institutions report Shang a annual of following situation: (a) personal credit information collection, and processing and using situation; (ii) personal credit information system run and credit information security confidential, and data maintenance, related regulations of developed and implementation situation; (three) personal credit information collection, and query and assessment service of situation; (four) objections processing and replies situation.
    Article 34th run major credit bureaus credit information system failures, personal credit information is serious situations such as, should be dealt with in a timely manner, and report to the credit management authorities and related departments.
    35th article of any units and individuals think credit violations of their legitimate rights and interests of the credit institution, or other illegal acts, complaints or reports to credit agencies.
    Credit institutions shall receive complaints or date of the report and responses to the 30th.
    Article 36th credit institutions dissolved, terminated by revocation, bankruptcy and other business matters, personal credit information database should be handled in the following manner: (a) transfer, credit management and (b) in the province, under the supervision of credit institutions, legitimate credit transfers to other institutions; (c) in the province, destroyed under the supervision of credit institutions.
    Seventh chapter legal responsibility 37th article levy letter institutions violation this approach provides, has following behavior one of of, by credit management institutions ordered corrected, give warning, and can at 1000 Yuan above 10,000 yuan following fine: (a) not timely, and accurate entry personal credit information of; (ii) not to was levy letter people provides query service of; (three) not according to 31st article provides record or not according to 33rd article report related situation of; (four) not according to 32nd article provides public about matters of. 38th article levy letter institutions violation this approach provides, has following behavior one of of, by credit management institutions ordered corrected, give warning, and can at 5000 Yuan above 20,000 yuan following fine; caused damage of, law bear civil responsibility; constitute crime of, law held criminal: (a) collection this approach tenth article provides case yiwai of information and not consent of was levy letter people agreed of; (ii) collection ban collection of personal information of; (three) fictional, and tampered with personal credit information,
    Or unauthorized entry prohibited entry information; (d) did not deal with objections in a timely manner information, correction of credit losses. 39th article levy letter institutions violation this approach provides, has following behavior one of of, by credit management institutions ordered corrected, and can at 5000 Yuan above 30,000 yuan following fine; caused damage of, law bear civil responsibility; constitute crime of, law held criminal: (a) to cheat, and theft, and stress, and using computer network invaded or other not due means collection personal credit information of; (ii) without was levy letter people agreed unauthorized to other units and personal provides personal credit report, and
    Personal credit report or disclosure of personal information; (c) on a personal credit report disclosure or use of the information shall not be disclosed and used.
    40th law that administrative organs, public management functions of the Organization and its staff, in violation of these rules, do not provide personal credit information or providing false information or do not handle objections in a timely manner information, be informed by his entity or his upper level organs; directly responsible in charge and other direct liable persons, depending on the seriousness, give warning, demerit, demerit penalty.
    Eighth chapter supplementary articles article 41st based credit information database collected credit information shall comply with the relevant provisions of the State.
    Individual social credit business of credit departments shall abide by these measures.
                                            42nd these measures shall come into force on November 1, 2007.