区块链征信:应用、风险及其监管

Blockchain Credit: Application, Risk and Supervision

“区块链+”已延伸到征信行业之中,有力推动征信行业发展。区块链在征信业中的应用有利于确立个人数据主权,生成信用资产,确保数据安全,促进数据共享。但征信中的区块链技术并非毫无瑕疵,也蕴藏着私钥遗失影响信用资产、交易透明泄露个人隐私的技术风险,和无法篡改的数据机构与用户“被遗忘权”冲突、“去中心化”结构与传统征信监管体系矛盾的法律风险。因此,需对区块链法律监管的理念进行更新,平衡征信创新与法律监管的关系,协同技术监管与法律监管,通过制定新法和修改旧法来匹配法律对征信监管的适应性,合理配置中央与地方在区块链征信监管上的权力,并加强征信行业自律组织建设,明确征信行业协会法律地位,此外,可以引入“监管沙箱”机制来防范区块链征信创新的风险。

"Blockchain+"has been extended to the credit investigation industry,vigorously promoting the development of credit investigation.The application of blockchain in the credit investigation industry is conducive to establishing personal data sovereignty,generating credit assets,ensuring data security and promoting data sharing.However,the blockchain technology in credit investigation is not without defects,and it also contains technical risks that the loss of private key affects credit assets,the transparency of transactions and the disclosure of personal privacy,as well as legal risks that cannot be tampered with,the conflict between data institutions and users'"right to be forgotten",and the contradiction between the"decentralized"structure and the traditional credit investigation and supervision system.To block chain,therefore,the concept of legal regulation is updated,the balance of credit legislation supervision,the relationship between innovation and collaborative technology regulation and legal regulation,by the new laws and revise the old method to match the legal adaptability to credit regulation,rational allocation of central and local governments in the chain of blocks credit regulatory power,and to strengthen the construction of credit reporting industry self-discipline organization,clear credit reporting industry association's legal status,in addition,can introduce"sandbox"regulation mechanisms to prevent block chain credit innovation risks.