How does CreditEase protect the rights of the address book by illegally obtaining it?

On June/KOOC-0/65438+/KOOC-0/October/KOOC-0/day, 2020, the Implementation Measures of the People's Bank of China for the Protection of Financial Consumers' Rights and Interests (hereinafter referred to as the Measures) was formally implemented. The Measures have absorbed the requirements of the latest legal documents in the field of personal information protection, requiring financial institutions to follow the principles of legality, justness and necessity when dealing with consumer financial information (including collection, storage, use, processing, transmission, provision and disclosure, etc.). ), and handle consumer financial information in strict accordance with laws and regulations and the purpose and scope authorized by users, and shall not refuse to provide financial products or services because financial consumers refuse to provide unnecessary information.

Financial institutions shall properly keep and store the collected consumer financial information to prevent information from being lost, damaged, leaked or tampered with. In case of information leakage, damage or loss, it shall take timely remedial measures to inform financial consumers and report to the People's Bank of China.

Small loan companies that violate the Measures can directly report to the platform 123 15, and the platform 123 15 can upload photo evidence. Generally, providing strong evidence can solve the problem.

Specific acts of illegal fund-raising:

1, deliberately concealing his identity.

I don't know if you have ever encountered this situation. After connecting the phone, you will hear the other party say: Are you XXX? You owe money for almost a year. When are you going to pay back the money?

Or: Are you XXX? I am from a certain platform. You owe money for almost a year. When are you going to pay back the money?

I want to ask you, is there a problem with you saying this? 1

I'm telling you, they broke the rules. According to the regulations, the collector should indicate the name and identity of the organization he represents at the first time. What was the first time? They will only say: hello, are you Mr. XXX? I am a third-party employee entrusted by a certain platform, and my work number is 123456. ......

Instead of waiting for the other person to ask you, you report your identity.

2. Contact an unrelated third person

What is an irrelevant third person? It means anyone except the debtor. Your parents, brothers and sisters, relatives and friends can all be called irrelevant third people.

Someone will definitely ask, I am related to my parents by blood. How can I say that I am irrelevant? We are father and son, mother and son.

I'll popularize it here. When I say "irrelevant", I mean "irrelevant" to the debt you owe, not the family relationship.

According to the law, as long as he is an adult with full capacity for civil conduct, 18 years old or older, no matter how much money he owes outside, his parents have no obligation to help him repay it.

According to the relevant regulations, the collection should strictly abide by the relevant provisions of the state on the protection of personal information. It is strictly forbidden to collect or harass a third party unrelated to the debt, and it is not allowed to disclose the debtor's detailed arrears information and amount to anyone other than the debtor.

This means that you can't not only harass, but also tell others about the debtor's debts.

In fact, it has been indirectly informed here that it is illegal to expose the debtor's address book.

However, there are two special situations that I want to talk about:

In the first special case, if you can't get in touch, you can call the emergency contact left when you apply for a card or borrow money.

In the second special case, if your parents, brothers and sisters, relatives and friends are guarantors of your loan, then you have the right to collect it, because they are already related to this debt.

3. Threatening the debtor with legal consequences

Some reminders will say on the phone or in text messages that if you don't repay in time, you will be blacklisted, you have violated articles 193 and 196 of the law, you are suspected of fraud, you will go to jail, and so on. ......

According to the regulations, it is strictly forbidden to mislead or threaten the debtor by being included in the so-called blacklist, bad credit database, false debt amount, nature and legal consequences.

4. Induce the debtor to "borrow the new and return the old"

Many collections will use this method. On the surface, when he called you, he was polite to you and showed great understanding and sympathy for your difficulties.

However, during this chat, he will say, in fact, this debt is not a lot of money. You can borrow it from relatives and friends temporarily, or borrow it from other platforms and pour it in. Everything will be settled, so as not to be collected every day. We're embarrassed, and so are you.

At first glance, everything he said seems reasonable. Actually, this is his routine. He broke the rules when he said this.

According to the regulations, the collection personnel shall not induce or force the debtor to raise funds to repay overdue debts through new loans or illegal means.