Provisional Rules on Management of Individual Credit
Information Database
Chapter I General
Provisions
Article 1
These rules are formulated
to safeguard the financial stability, prevent and mitigate credit risks of
commercial banks, promote development of individual credit business and ensure
the secure and legitimate use of personal credit information, according to the Law
of The People´s Republic of China on The People´s Bank of China.
Article 2
The People´s Bank of
China is responsible for organizing the establishment of individual credit
information database (the database hereinafter), launching the credit
information service center, maintaining and administering the database´s
operation on daily basis.
Article 3
The database is to collect,
process and store the individual credit information, providing credit
information report to commercial banks and individuals on demand, providing
information for monetary policy decisions, financial supervision and other
activities permitted by rules and regulations.
Article 4
Individual credit
information in these rules includes basic information, credit transaction
information and other information representing the personal creditworthiness.
Basic information of the individual borrower refers to
the identity, profession and residence of a natural person. Credit transaction
information refers to track records of a natural person´s transaction in credit
related activities, including personal loans, credit card or quasi-credit card
and guarantee business. Other information representing personal creditworthiness
refers to relevant information representing personal creditworthiness other
than the credit transaction information.
Article 5
The People´s Bank of
China, commercial banks and their staff shall keep the confidentiality of
personal information they obtained from their business.
Chapter II Reporting and Processing
Article 6
Commercial banks shall
report to the database on an accurate, complete and timely basis in compliance
with the standards and requirements on the database set by the People´s Bank of
China.
Article 7
Commercial banks shall
not provide any individual credit information to any individual credit
information databases that are established without the approval of the credit
information authorities or any unauthorized, but ex facto database of any
form.
Article 8
Credit information
service center shall put in place comprehensive rules and regulations and adopt
advanced techniques to ensure the security of the individual credit
information.
Article 9
In need of producing
credit reference report, credit information service center may process and keep
the personal information reported by commercial banks as it is. Any
unauthorized modification of the original data is prohibited.
Article 10
When deeming any
information reported by relevant commercial banks as suspicious, credit
information service center shall issue a timely re-examination request to those
reporting commercial banks according to procedures set by relevant rules.
Commercial banks shall reply to the request within 5
business days from the receipt of the request.
Article 11
When
commercial banks find their individual credit information reported to the
credit information service center inaccurate, they shall report immediately to
the center. The credit information service center shall correct the report
right after it receives the correction request.
Chapter III Information Access
Article 12
Commercial banks may
access the database when conducting the following businesses:
(1)
Reviewing the
application for personal loans;
(2)
Reviewing the
application for personal credit card or quasi-credit card;
(3)
Reviewing the guarantee
with an individual as the guarantor;
(4)
Post-approval risk
management of personal loans already disbursed;
(5)
Reviewing the
application for credit or approval of a guarantee by a legal person or other institutions,
when an examination of creditworthiness of its legal representative and the
lender is required.
Article 13
Commercial banks´
access to the personal credit information report shall be authorized by the
person involved in written forms. Written authorization may be obtained by
adding relevant provisions in the applications for loans, credit cards,
quasi-credit cards and guarantees.
Article 14
Commercial banks shall
set up rules on internal authorization system to regulate access to credit
information report for the purpose of conducting post-loan risk management, and
relevant procedures for accessibility control.
Article 15
Credit information
service center may charge on the access to a person´s credit information report
according to his or her application.
Credit information service center shall set up
relevant procedures to confirm the identity of the applicant.
Chapter IV Dispute Resolution
Article 16
If an individual
believes there are errors in information contained in his or her credit
information report (disputable information hereinafter), he or she may submit a
dispute application in written form directly to the center or through credit
information units of local branches of the PBC.
The credit information units shall forward the
application to the credit information service center within 2 business days
from the receipt of the application.
Article 17
Credit information
service center shall conduct an internal re-examination within 2 business days
from the receipt of the dispute application.
If disputable information is found attributable to the
processing of information in the personal credit information database, the
credit information service center shall make prompt corrections and check the
problems existing in the procedures and operational rules of database
processing.
Article 18
If the credit
information center finds no problem in the processing of information in the
database after re-examination, it shall notice in written form the commercial
banks providing the information to re-examine the data.
Article 19
Commercial banks shall
reply in written form to the re-examination request of the credit information
service center within 10 business days from the receipt of the notice. If
errors do exist in the disputable information, commercial banks shall take the
following remedial measures:
(1)
Report to the credit
information service center the corrected information;
(2)
Check the procedures of
reporting the individual credit information;
(3)
Examine other personal
information reported thereafter and report corrections if errors are found.
Article 20
Credit information
service center may correct the errors within 2 business days after receiving
corrected information reported by commercial banks.
In the case that errors could not be corrected
immediately due to technical reasons, the credit information service center
shall mark the disputable information to distinguish it from other disputable
information.
Article 21
Credit information
service center shall not modify relevant individual credit information as
requested by the applicant if no errors are found in the disputed information.
Article 22
Credit information
service center shall reply in written form directly to the applicant or to the
credit information units of the PBC local branch that has forwarded the dispute
application within 15 business days from the receipt of the application. If
there are corrections of the disputable information, the credit information
service center shall provide the corrected credit information report as well.
When errors do exist in the disputable information but
may not be corrected immediately due to technical reasons, credit information
service center shall make specific explanations in its written reply and
provide the corrected credit information report after the correction is done.
Article 23
Credit information
units of local PBC branches that forward the dispute application shall transfer
the written reply and corrected credit information report sent by the credit
information service center to the applicant within 2 business days from the
receipt of the application.
Article 24
When disputable
information are not verifiable, the credit information service center shall allow
the dispute applicant to add a personal commentary of no more than 100 words to
the relevant disputed information. The personal commentary shall not include
any information unrelated to the disputed information and the applicant shall
be accountable for the authenticity of the personal commentary.
Credit information service center shall well keep the
original file of the personal commentary and include it in the credit
information report of the applicant.
Article 25
Credit information
service center shall mark the information that is still in dispute resolution
process.
Chapter V Security
Management
Article 26
Commercial banks shall,
in accordance with relevant regulations issued by the People´s Bank of China,
formulate internal rules and operating procedures regarding the reporting,
enquiry and use of credit information as well as dispute settlement and
security management. These rules and procedures shall be filed with the People´s
Bank of China.
Article 27
Commercial banks shall
establish user management systems, clearly defining the respective
responsibilities of the system administrator, data provider and information
enquirer, and relevant operating procedures.
The positions of system administrator, data provider and information
enquirer shall be filled by three different persons.
Article 28 The system
administrator shall, according to the operating procedures, open user accounts
for the authorized persons, and may not directly access credit information of
the individuals.
The system administrator shall enhance
daily management on the same-level information enquirer and data provider as
well as the lower-level system administrator. The information enquiry account
shall be terminated immediately if the staff managing the enquiry account
leaves his or her post.
Article 29 The system
administrator, data provider and information enquirer shall be filed with the
credit information units of the People´s Bank of China and the credit
information service center.
In the case of any changes with regard to
the above-mentioned staff, the commercial banks shall, within two business days
after the change, file with the credit information units of the People´s Bank
of China and the credit information service center.
Article 30 Commercial
banks shall set up a pa