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信用经济存在的必然性及其发展的张力,决定了信用交易快速成长的趋势,个人征信制度应运而生。个人征信制度发展不能忽视对个人隐私权的保护,隐私权和征信权应该同时构成个人信用法律机制的两大基石。文章从征信流程环节切入,分析了个人征信制度与隐私权的冲突表现,逐步深入探析二者冲突的原因,总结出以权利行使的边界作为协调二者利益的制衡点。就制度建构而言,文章主张从基本立法定位、具体保护措施、配套制度安排三个层面,全面维护个人征信制度中的隐私权。
The inevitability of the credit economy and the tension of its development have decided the rapid growth of credit transactions. The personal credit reporting system came into being. The development of personal credit system can not ignore the protection of personal privacy, privacy and credit information should also constitute the two cornerstones of the legal mechanism of personal credit. The paper analyzes the conflict between personal credit information system and privacy right, analyzes the reasons of the conflict between them and concludes that the boundary of rights exercise is the balance between the two interests. In terms of system construction, the article advocates the protection of privacy in the personal credit information system in three aspects: basic legislative position, specific protection measures and supporting institutional arrangements.