ICE8000 state secrets, trade secrets, personal privacy protection standards

Chapter I General Provisions

1.1 In order to protect state secrets, trade secrets, personal privacy, promote social integrity, reduce transaction costs, and enhance human well-being in credit work, the World Credit Organization [WCO] develops this standard in accordance with internationally accepted legal principles and international practices.

1.2 The main legal basis for the development, application and implementation of this standard is as follows:

(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization [WCO] in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization [WCO].

1.4 World Credit Organization [WCO], ICE8000 Credit Institutions and International Credit Practitioners shall protect state secrets, trade secrets and personal privacy in their credit work.

1.5 Protect state secrets, trade secrets, personal privacy, and follow legal and reasonable principles.

1.6 The information referred to in this standard or the information referred to in this standard includes written materials, electronic information and other materials and information in various forms.

The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization [WCO] member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and is awarded the World Credit Organization. [WCO] certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization [WCO], not a branch, representative office, agency or subordinate organization of the World Credit Organization [WCO]. According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.

1.7 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

1.8 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization [WCO]. Terms and conditions.

Chapter II Definition of State Secrets, Trade Secrets and Personal Privacy

2.1 The term "state secrets" as used in this standard refers to all kinds of materials that have been marked by the state organs or other organizations as secrets and have not been decrypted according to the law.

2.2 The term "trade secrets" as used in this standard refers to all kinds of materials that meet the following conditions:

(1) not known to the public;

(2) can bring economic benefits to the right holder;

(3) has practicality;

(4) The right holder has taken confidential measures;

(5) The law does not provide for mandatory disclosure or mandatory disclosure.

2.3 The following information is not a trade secret:

(1) Information that can be disclosed according to the laws and regulations of the place where the data is distributed is not a trade secret. Such as: the registration certificate of the unit (such as: business license) or the registration of other rights certificates of the unit.

(2) Information that the organization actively discloses or agrees to disclose or disclose the contract made by the organization is not a trade secret.

(3) Based on the need to protect people from the right to be deceived, the organization's record of dishonesty is not a trade secret.

2.4 Personal information referred to in this standard includes: personal name, occupation, work unit, ID number, photo, residence, contact information, personal income, personal relatives, physical characteristics and status, emotional experience, personal interests, misfortune Experience and other identity information.

Personal privacy as used in this standard refers to personal information in the time and space that does not constitute damage or potential damage to the legitimate rights and interests of third parties. That is to say, personal information is relative to personal privacy. Personal information is not personal privacy at any time and in any space. It is only in the time and space that does not harm or potentially damage third party legitimate rights and interests. .

In order to prevent and prevent potential damage and damage to the legitimate rights and interests of third parties, personal information holders may disclose personal information to specific units or individuals, but the discloser and the disclosed person have a reasonable burden of proof for the above damage or potential damage. It has the obligation to use the personal information, the custody obligation, the confidentiality obligation, and the legal liability and credit responsibility for violating the above four obligations.

In order to prevent and prevent potential damage and damage to the legitimate rights and interests of third parties, personal information holders may publicly disclose personal information, but the disclosure party has reasonable burden of proof, appropriate disclosure obligations, and breach of the above-mentioned damages or potential damages. Legal liability and credit responsibility of the above obligations.

2.5 Unless there is evidence to the contrary, the following personal information is personal privacy:

(1) personal photos and personal identification numbers;

(2) Personal residence;

(3) personal contact information;

(4) Personal income;

(5) The situation of personal relatives;

(6) Personal physiological characteristics and conditions;

(7) personal emotional experience;

(8) personal interests;

(9) Personal unfortunate experience.

2.6 Unless there is evidence to the contrary, the following personal information is not personal privacy:

(1) Personal information that can be disclosed in accordance with the laws, regulations, and contracts of the place where the information is distributed is not personal privacy. Such as: the name of the legal representative of the unit.

(2) Personal information that an individual voluntarily discloses or agrees to disclose or disclose according to a contract made by an individual is not personal privacy.

(3) Individual credit code, personal credit score, and personal integrity level are not personal privacy.

(4) Based on the need to protect people from the right to be deceived, the personal name and professional identity of the person responsible for malicious dishonesty and the person responsible for serious dishonesty are not personal privacy until they correct the act of dishonesty.

(5) Based on the need to protect people from the right to be deceived, the person responsible for the loss of trust in the credit wanted order, before the credit is repaired or the victim is forgiven, his or her personal name, identity card number, photo, residence Not personal privacy.

Chapter III Protection Requirements

3.1 The protection of state secrets, trade secrets and personal privacy shall not violate the universal universal value principle.

3.2 National secrets, trade secrets, and personal privacy that are exposed to work should be disseminated in strict accordance with the scope of the regulations.

For credit reports containing trade secrets and personal privacy, the secret level, scope of dissemination and liability for breach of contract should be clearly stated.

3.3 The secret level of trade secrets or personal privacy is divided into three levels: top secret, confidential and secret.

The secret level, confidentiality period and scope of dissemination of state secrets shall be marked by state organs or other organizations according to law.

3.4 In credit work, ICE8000 credit institutions and international credit practitioners should clearly inform the units and individuals that they can provide information on trade secrets or personal privacy that they provide by sending "Notice of Trade Secrets and Personal Privacy Protection" or other means. Secret level, confidentiality period and scope of communication.

Where the unit or individual fails to mark the secret level, confidentiality period and scope of dissemination of the information, ICE8000 credit institutions and international credit practitioners shall maintain trade secrets and personal privacy in accordance with laws, regulations or ICE8000 standards.

If the unit or individual's labeling of trade secrets or personal privacy violates the laws and regulations of the host country or the mandatory provisions of the ICE8000 standard, the label is invalid.

3.5 In addition to materials that can be disclosed in accordance with laws, regulations or the ICE8000 international credit standard system, for information that does not indicate a secret level, ICE8000 credit institutions and international credit practitioners should indicate the secret level as follows:

(1) The technical data and customer data of the unit are top secret; the financial information of the unit is confidential; the other information of the unit is secret.

(2) Information about personal privacy is generally a top secret level; commercial information containing personal privacy is classified as confidential.

3.6 For materials that only indicate the secret level but do not indicate the confidentiality period, the default secret level is long-term.

3.7 For information that only indicates the secret level but does not indicate the scope of dissemination, the scope of dissemination is as follows:

(1) The information of the top secret level shall only be transmitted to the unit or individual with the written permission of the party, and the accessor shall make a confidentiality commitment and a statement of the terms of the CS and the conscience oath.

(2) Confidential information shall only be transmitted to the ICE8000 credit institution, the parties, or organizations that have a clear interest to the parties, such as: (the party is the unit) of the shareholders, directors, supervisors, or parties (the parties are individuals) or The organization that is lodged by the parties, and the accessor shall make a confidentiality commitment and a statement of the terms of the CS and the conscience oath.

(3) Secret-level information is only transmitted to specific applicants, and the interviewer should make a confidentiality commitment and a statement of the terms of the CS and the conscience oath.

Where laws, regulations, and ICE8000 standards are otherwise mandatory, the provisions shall prevail.

3.8 No unit or individual may access or disseminate state secrets, trade secrets or personal privacy by illegal means.

No unit or individual may use known national secrets, trade secrets or personal privacy for improper purposes.

State secrets, trade secrets or personal privacy may not be used as evidence of litigation, administrative penalties or related activities without the written permission of the party to the information, except for units or individuals directly related to the content of the information.

Chapter IV Liability for breach of contract and method of investigation

4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

4.2 Method of investigation of breach of contract liability:

(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

(4) If the defaulter has the membership of the World Credit Organization [WCO], the parties also have the right to make a complaint in accordance with the World Credit Organization [WCO] Member Supervision Standards;

(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

4.3 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

4.4 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

4.5 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

4.6 The World Credit Organization [WCO] shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization [WCO] for the next year. If the economic compensation is relatively large, compensation shall be made in each year.

After accepting economic compensation, the World Credit Organization [WCO] has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

Chapter V Supplementary Provisions

5.1 This standard shall be implemented as of the date of promulgation.

5.2 The terminology involved in this standard, if its meaning is not agreed in this standard, its meaning is described in the ICE8000 International Credit Standard System International Credit Industry Terminology.

5.3 All relevant parties submit various types of materials submitted to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.

5.4 If the relevant parties know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization [WCO] and other parties shall not be responsible for this.

5.5 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/46.html .

5.6 The copyright of this standard belongs to the World Credit Organization [WCO], members can use it for free and unlimited use; non-members can use it free of charge for study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

5.7 The standard version number is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard is one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.

5.8 This standard is interpreted by the World Credit Organization [WCO].