个人信用信息权益的法律构造

Legal Structure of Personal Credit Information Rights and Interests

个人信用信息权益具有私人利益和公共利益属性,相关立法旨在实现个人信用信息保护和利用,因此必须合理平衡个人、信用信息处理者和政府之间的关系。信用信息处理者既与个人直接联系,又与政府保持良好的沟通,依托其业务和资源优势处于结构洞位置,成为个人信用信息权益保护的关键节点。个人信用信息权益保护的关键不在于赋予个人充分的权益和政府有力的监管职责,而在于课以信用信息处理者足够的义务。据此,个人信用信息权益具有双重构造:自主权益和防御权益。前者以个人知情权为基础,包括知情权、决定权、修改权和修复权;后者包括信用信息处理者义务和政府监管职责,以保障自主权益不被侵害。

The rights and interests of personal credit information have the attributes of private interests and public interests. The relevant legislation aims to realize the protection and utilization of personal credit information. Therefore, we must reasonably balance the relationship between individuals, credit information processors and the government. Credit information processors not only have direct contact with individuals, but also maintain fairly good communication with the government. Relying on their business and resource advantages, credit information processors are in a position of the structural hole and become the key node for the protection of rights and interests of personal credit information. The key to the protection of the interest of personal credit information is not to endow individuals with sufficient interest and strong regulatory responsibilities of the government, but to impose sufficient obligations on credit information processors. Therefore, personal credit information rights and interests have a dual structure: autonomous interests and defensive interests. The former is based on the individual right to be informed, including the right to be informed, the right to decision, the right to rectification and the right to repair;the latter includes the obligation of credit information processor and the responsibility of the government supervision, protecting the autonomous interest from infringement.