Covid-19大流行期间滥用非法金融科技客户数据的刑事和民事责任

Hendrik Wijaya, Herwastoeti Herwastoeti
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引用次数: 4

摘要

席卷全球的covid-19疫情造成了经济部门的危机,保持身体距离的政策影响了贸易和旅游业。公司、酒店和中小微企业的破产导致大量裁员。因此,许多人失去了生计,不得不借钱来满足日常需求。金融科技是工业4.0时代的一种进步,作为诱惑社区金融服务和申请贷款的一种便利形式。然而,没有得到一个财务解决方案,发生的事情恰恰相反。公众甚至被非法金融技术的存在和个人数据的滥用所困扰。确实,有一项协议允许债务人访问债权人的个人数据,但债务人是否可以立即滥用客户的个人数据。因此,在本研究中,作者感兴趣的是审查在Covid-19大流行期间非法金融技术协议的出现与刑事和民事责任的关系。研究方法主要有规范性法与成文法法和比较法,以及定性描述的法律材料分析。所获得的结果是,非法金融科技电子协议不符合协议的主客观要求,并且与滥用客户数据有关,可以追究刑事责任的是金融科技法律机构和讨债人。
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Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic
The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.
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