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Hubei Province's Individual Credit Information Collection And Management Procedures (Trial Implementation)

Original Language Title: 湖北省个人信用信息采集与应用管理办法(试行)

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(Adopted by Decree No. 319 of 4 June 2008 by the Government of the Northern Province of Lake Ontario, which was launched effective 1 August 2008)

Article 1 provides for the establishment of a robust personal credit information management system that regulates the collection, application, etc. of personal credit information, protects personal credit information security, preserves socio-economic order, fosters a harmonious and good market credit environment, and develops this approach in accordance with the relevant laws, regulations and regulations.
Article 2
The Chinese People's Bank, in collaboration with the relevant sectors, organizes information-source units, such as the agencies of the State concerned, financial institutions and social public services, to establish a personal credit information collection, application platform. Individual credit information sources should be sent to individual credit information platforms, in accordance with the provisions of this approach, and personal credit information provided by the individual credit information platform.
Financial institutions collect and disclose personal credit information in accordance with laws, regulations and other relevant national provisions.
The collection and application of individual credit information should be governed by objective, real, fair and prudent principles, the preservation of the public interest of society, respect and protect personal privacy, commercial secrets in accordance with the law.
Article 5
(i) Basic personal information: identification of information, occupation, etc.;
(ii) Individual credit credit information: performance information generated by various commercial banks in credit activities such as loans, credit cards, credit card, security, and disclosed by competent authorities and industry associations;
(iii) Individual commercial credit information: personal purchases, contributory information, other than personal credit credit credit information, with respect to commercial agencies, public utility services, in relation to commodity transactions and services;
(iv) Public information of the individual society: personal tax and credit information for social insurance;
(v) Other personal information: information relating to civil, criminal, administrative proceedings, decisions and administrative sanctions decisions concerning individual credits.
In addition to the provisions of the law, the personal credit information platform does not collect the following information:
(i) Ethnic, family origin, religion or belief, political affiliation;
(ii) Physical patterns, genetics, fingerprints, blood, disease and morbidity;
(iii) Saving deposits, price securities and other personal property status;
(iv) Specific amounts of expenses such as taxes, payment of social insurance;
(v) Other personal information prohibited by law, legislation and regulations;
(vi) Other information not related to individual credits.
In subparagraphs (iii), (iv), relating to savings deposits, price securities, tax amounts, payment of social insurance amounts, etc., to personal assets, except where individuals are provided voluntarily or publicly.
The collection of individual credit information should ensure the legitimacy, legitimacy and objectivity of the source channels.
The format and criteria for data collection should be harmonized. The information is posted on the platform after review.
Article 8 The information subjects were not contested within 10 working days after the search.
Article 9 states that:
(i) Financial institutions provide credit, insurance, etc. services to information-holders;
(ii) Units and individuals provide services such as sales, rental and security to the information subjects;
(iii) The services provided by utilities to the information subjects;
(iv) The judicial and administrative organs conduct investigations by law;
(v) The information subjector or other units or individuals authorized to conduct inquiries.
In addition to the specific circumstances provided for in subparagraph (iv) and the law, legislation provides that inquiries from other units or individuals other than the subjector of the information shall be obtained from written consent of the information owner and valid documents such as the institutional codes of the search cell, the searcher's identity card.
Article 10. Individuals need to provide personal credit certificate material in matters such as employment, entrepreneurship, saving, retention, job relocation and personal credit information, which should be provided by the information holder or in writing.
Article 11. The information subjector or its commissioner may search their personal credit information free of charge twice a year.
Article 12 Information source units and individual credit information platform management shall designate or establish a dispute-processing body to organize the exclusive person responsible for the settlement of disputes.
Article 13. The information owner considers that the credit information recorded is not accurate, incomplete or wrong and has the right to file an application to the information source unit or the individual credit information management body.
Article 14.
Article 15. When the information source unit and the management of the personal credit information platform verify the application of the objection, the following provisions are addressed:
(i) The verification of the wrong or inaccurate defects should be deleted or corrected in a timely manner;
(ii) The verification of the unambiguous or non-conclusiveness of the objecting information, which is still subject to objections, may not be amended, but the objection of the information subject matter and the corresponding grounds should be noted after the relevant information.
Information source units and individual credit information platform management shall complete the processing of the objection information within 20 working days of the date of receipt of an objection from the subjector of the information and inform the author in writing.
Article 16 shows that individual credit information collected is inaccurate, incomplete or wrong and should be communicated to the individual credit information management body for corrections or deletion.
The personal credit information management body found that the individual credit information on the platform was not accurate, incomplete or wrong, and that the personal credit information management should communicate the verification of the information source units, and that it should be corrected or deleted in a timely manner, as confirmed by the information source's unit.
Article 17 The information transmitted or updated by the individual credit information platform management body shall be included in the credit information platform within five working days from the date of receipt.
Under the supervision of the authorities of the e-government platform of the provincial government, the personal credit information platform shall establish a monitoring system for the operation and external visits of a rigorous and effective personal credit information platform, closely monitor the operation of the user of the personal credit information platform and prevent the unlawful invasion of the personal credit information platform.
Article 19 Information source units, in accordance with the relevant provisions of the management of the individual credit information platform, shall clarify the functions and powers of the unit in the area of information management, data presentation and information searches, develop internal management systems and operational protocols for the collection, delivery, opposition processing and security management of relevant personal credit information, and establish inter-functional information administrators, data obscriptors and information searchers.
Article 20 does not send or update personal credit information in a timely manner, and the personal credit information platform is not promptly recorded after receiving or updating personal credit information from the source units, resulting in a long-term lack of personal credit information or a lack of performance and civil responsibility under the law.
Article 21 contains one of the following cases for information source units or individual credit information management bodies, which bear civil responsibility under the law for damage to the interests of the information owner. Staff members with relevant responsibilities are subject to administrative disposition by the source of information or by the management of the personal credit information platform, which is suspected to be committed by law:
(i) Significant errors in reporting or collecting personal credit information;
(ii) For other purposes beyond the provisions of this approach;
(iii) Violations of the provisions of the objection;
(iv) In violation of the security management requirements of this approach, resulting in the disclosure of personal credit information;
(v) Harmonization and destruction of credit information;
(vi) Distinguished with natural, legal or other organizations to provide false credit information;
(vii) Other violations of the provisions of this approach.
Article 22 regulates the management of individual credit information services activities, as well as the award and hierarchy of individual credits.
Article 23 Definitions of terminology in this approach:
Individual credit information: natural persons with civil behaviour capacity, basic personal information generated in transactions such as finance, commerce, credit performance information, commercial credit information, social public information and other information reflecting individual credit status.
The owner of the information refers to individuals who have the right to credit information and have the obligation to provide personal credit information. The credit information is used to reflect the credit status of the information-holders.
Information source units: units or organizations that maintain personal credit information relevant to sectoral functions or operations are generally the original credit records left by individuals in connection with the credit relationship between the sector or the unit.
Individual credit information platforms: reference is to the information platform that I have provided personal credit information data to units and individuals who have legitimately used personal credit information and have social public service functions.
Individual credit information platform management: a unit responsible for the construction, operation and management of a personal credit information platform.
Article 24