世界銀行《個(gè)人信用報(bào)告一般應(yīng)規(guī)則》部分原文及翻譯.doc

附錄 英文參考文獻(xiàn)節(jié)選General principles for Credit ReportingThe World BankSeptember,2011Introduction and Executive Summary1.Welll functioning financial markets contribute to sustainable growth and economic development, because they typically provide an efficient mechanism for evaluating risk and return to investment, and then managing and allocating risk. Financial infrastructure (FI) is a core part of all financial systems. The quality of financial infrastructure determines the efficiency of intermediation, the ability of lenders to evaluate risk and of consumers to obtain credit, insurance and other financial products at competitive terms. Credit reporting is a vital part of a countrys financial infrastructure and is an activity of public interest.2. Credit reporting addresses a fundamental problem of credit markets: asymmetric information between borrowers and lenders, which may lead to adverse selection, credit rationing, and moral hazard problems. Regulators and financial market participants are therefore increasingly recognizing the value of credit reporting systems for improved credit risk and overall credit portfolio management, to enhance financial supervision and financial sector stability, and as a tool to enhance access to credit.3. In competitive markets, the benefits of credit reporting activities are passed on to borrowers in the form of a lower cost of capital, which has a positive influence on productive investment spending. Improved information flows also provide the basis for fact-based and quick credit assessments, thus facilitating access to credit and other financial products to a larger number of borrowers with a good credit history (i.e. good repayment prospects).4. While credit reporting systems are developing rapidly across the world, there are no principles to systematically guide the various stakeholders in dealing with the challenges associated with the development and day-to-day operation and improvement of these systems. The Credit Reporting Standards Setting Task Force was launched by the World Bank, with the support of the Bank for International Settlements, to fill this critical gap, aiming to provide a core set of general principles to guide these efforts in any given jurisdiction. 5. The general principles are intended for policymakers, regulators, financial supervisors, credit reporting data providers, credit reporting service providers, the users of such services, and individuals and businesses whose credit histories and identification data are stored in these systems (the latter two are referred to as “data subjects” throughout the report). In addition to the principles, the Task Force has also developed a set of specific roles, one for each of the stakeholders in credit reporting systems, as well as recommendations for effective oversight of credit reporting systems.6. The principles and related roles define the minimum elements underlying a sound, efficient and effective credit reporting system. Different markets around the world are at different stages in terms of the development of their own credit reporting systems, and the Task Force recognizes that while credit reporting systems in some jurisdictions will already fulfill some or probably even most of the principles, in others observance of the principles will need medium to long-term efforts.7. The report builds on previous work in the area of credit reporting and related fields such as data protection and credit risk management. The World Bank Group, through the Global Credit Bureau Program and the Western Hemisphere Credit Reporting Initiative, has analyzed issues affecting the creation and overall functioning of domestic credit reporting systems, and their continuous development through reforms. Other relevant work includes that of the Basel Committee on Banking Supervision (mainly the Basel Capital Accord), the work developed by the European Central Bank (ECB) through the Working Group on Credit Registers, the work of the International Conference of Data Protection and Privacy Commissioners which has debated the role of privacy and data protection from a broad perspective including credit reporting, the privacy frameworks developed by The European Union, APEC and OECD, and the work conducted by the European Commission Directorate General on Internal Markets and Services regarding the challenges of cross-border credit data flows in the context of credit reporting.Key Considerations Concerning Credit Reporting and the General Principles8. The key considerations concerning credit reporting systems can be broadly grouped around the following topics: i) data; ii) data processing; iii) governance arrangements and risk management; iv) legal and regulatory environment; and, v) cross-border data flows. The General Principles are organized around these five topics. These five General Principles aim at the following public policy objectives for credit reporting systems: Credit reporting systems should effectively support the sound and fair extension of credit in an economy as the foundation for robust and competitive credit markets. To this end, credit reporting systems should be safe and efficient, and fully supportive of data subject/ consumer rights.9. Information quality is the basic building block of an effective credit reporting environment. Accuracy of data implies that such data is free of error, truthful, complete and up to date. Inaccurate data may lead to numerous problems, including unjustified loan denials or higher borrowing costs. Quality also means that data is sufficient and adequate, implying that: i) relevant detailed information is captured, including negative as well as positive data; ii) information from as many relevant sources is gathered, within the limits established by law; iii) information is sufficient in terms of the period over which observations are available. General Principle 1 is, therefore, that credit reporting systems should have relevant, accurate, timely and sufficient dataincluding positivecollected on a systematic basis from all reliable, appropriate and available sources, and should retain this information for a sufficient amount of time.10. Credit data reside in databases and other types of data-holding methods that are subject to security and safety concerns, including loss, destruction, corruption, theft and misuse. Moreover, as credit reporting services are increasingly important for financial market development, the reliability of credit reporting data providers and credit reporting service providers is a crucial element of an effective credit reporting system. At the same time, users of credit reporting services expect affordable services that meet their needs on a continuous basis. General Principle 2 is, therefore, that credit reporting systems should have rigorous standards of security and reliability, and be efficient.11. The growing importance of credit reporting and the potentially sensitive nature of the activities it entails require that proper governance arrangements for credit reporting service providers and credit reporting data providers be in place in order to ensure appropriate levels of management accountability and transparency in their activities. Good governance arrangements are also crucial for ensuring that the organization will be able to cope successfully with the risks underlying the information sharing and credit reporting businesses, including mainly operational risks, legal risks, and reputational risks. Governance arrangements should also ensure that fair competition in the market place and the robustness of the credit reporting system are not compromised because of the particular ownership structure of the credit reporting service provider or data provider. General Principle 3 is, therefore, that the governance arrangements of credit reporting service providers and credit reporting data providers should ensure accountability, transparency and effectiveness in managing the risks associated with the business and fair access to the information by users.12. A robust legal and regulatory framework covering all relevant aspects involving credit reporting is critical for the sound functioning of credit reporting systems. In particular, the legal and regulatory frameworks should provide a balanced solution to the natural tension between the objectives of having access to broader sources of information for enhanced credit reporting and the interest in preserving individual privacy. There is no clear consensus on what constitutes an optimal legal and regulatory framework for credit reporting. In addition to contractual agreements, a clear trend worldwide is that laws be enacted to help protect privacy and provide data subjects with the ability to access and correct information about them. General Principle 4 is, therefore, that the overall legal and regulatory framework for credit reporting should be clear, predictable, nondiscriminatory, proportionate and supportive of data subject and consumer rights. The legal and regulatory framework should include effective judicial or extrajudicial dispute resolution mechanisms.13. As financial markets are increasingly globalized, cross-border data transfers can become a useful instrument to monitor the credit exposures of important borrowersoutside a financial institutions home markets, or to facilitate the provision of credit and other financial services across borders (e.g. to individuals that do not have a credit history in the country where they are applying for credit). In addition, a single mechanism serving more than one country can be the only cost-effective option for credit reporting activities to develop in some small markets. While in principle cross-border data flows raise similar concerns as purely domestic credit reporting activities, cross-border activities typically face a more complex environment due to the multiplicity of applicable laws, consumer protection frameworks, credit cultures, market practices, and institutional structures, among others. General Principle 5 is, therefore, that cross-border credit data transfers should be facilitated, where appropriate, provided that adequate requirements are in place.Scope and Use of the General Principles14. The scope of the principles includes those credit reporting mechanisms whose primary objective is to improve the quality of data for creditors to make better-informed decisions, as well as those mechanisms intended to assist banking and overall financial supervision. These principles are not intended to apply to credit rating agencies. At the same time, not all of the principles may be applicable to commercial credit reporting companies or registries that provide information and ratings to businesses for the purpose of evaluating trade credit.15. While the principles are intended to have universal applicability, they are non-binding and do not aim at detailed prescriptions for action at national level. Rather, they seek to identify objectives and suggest various means for achieving them. They can be used by policy makers and other stakeholders as a reference point when examining the status quo of credit reporting in their jurisdictions and the need for reforms. International financial institutions such as the World Bank Group, the International Monetary Fund, regional development banks, and others may also use these principles when carrying out assessment programs and in providing technical assistance to countries. Moreover, the principles and related roles are evolutionary in nature and might be reviewed in light of significant changes in the environment surrounding credit reporting.譯文：信用報(bào)告的一般性原則世界銀行2011年9月簡介以及可執(zhí)行性概要1、運(yùn)行良好的金融市場(chǎng)有助于可持續(xù)增長以及經(jīng)濟(jì)的發(fā)展，因?yàn)樗鼈兺ǔ?huì)為衡量風(fēng)險(xiǎn)和投資回報(bào)提供一個(gè)有效的機(jī)制，并且能夠管理和分配風(fēng)險(xiǎn)。金融基礎(chǔ)設(shè)施（FI）是金融體系的核心部分。金融基礎(chǔ)設(shè)施的質(zhì)量決定了中介的效率、貸款人衡量風(fēng)險(xiǎn)的能力，以及在市場(chǎng)競爭條件下消費(fèi)者獲得信貸、保險(xiǎn)以及其他金融產(chǎn)品的能力。信用報(bào)告是一個(gè)國家金融基礎(chǔ)設(shè)施的重要組成部分，也是一種公益活動(dòng)。2、信用報(bào)告涉及信用市場(chǎng)的一個(gè)基本問題：借款人和貸款人之間的信息不對(duì)稱問題，這一問題可能會(huì)導(dǎo)致逆向選擇、信用配給不合理問題以及道德風(fēng)險(xiǎn)問題。因此，監(jiān)管機(jī)構(gòu)以及金融市場(chǎng)的參與者越來越意識(shí)到信用報(bào)告體系在改善信貸風(fēng)險(xiǎn)和整體信貸組合管理從而提高金融監(jiān)管和金融部門穩(wěn)定性方面的價(jià)值；同時(shí)信用報(bào)告體系也可以作為一種有助于獲得信貸的工具。3、在激烈的市場(chǎng)中，信用報(bào)告活動(dòng)的好處是借款人可以以更低的成本獲得資金，這將對(duì)生產(chǎn)性投資支出產(chǎn)生積極的影響。得到改良的信息流還可以提供基于事實(shí)且快速的信用評(píng)估的基礎(chǔ)，因此會(huì)有利于使很多具有良好信用史（即良好還款前景）的人獲得信貸和其他金融產(chǎn)品。4、盡管信用報(bào)告系統(tǒng)在世界范圍內(nèi)得到快速的發(fā)展，但是尚未有可以系統(tǒng)性對(duì)利益相關(guān)方在處理發(fā)展、日常運(yùn)營以及改善這些體系之間挑戰(zhàn)進(jìn)行指導(dǎo)管理的原則。信用報(bào)告標(biāo)準(zhǔn)制定小組是世界銀行在國際清算銀行支持下，為了填補(bǔ)這一空白，并旨在提供一套可以在任何司法管轄區(qū)域內(nèi)都可以有效運(yùn)行的核心原則。5、這些一般性原則的目標(biāo)人群是政策制定者、監(jiān)管機(jī)構(gòu)、財(cái)務(wù)主管、信用報(bào)告數(shù)據(jù)供應(yīng)商、信用報(bào)告服務(wù)供應(yīng)商，這些服務(wù)的使用者以及在這些系統(tǒng)中儲(chǔ)存有信用歷史和個(gè)人身份數(shù)據(jù)的個(gè)人和企業(yè)（后者在整個(gè)報(bào)告中被稱為“數(shù)據(jù)主題”）。除了這些原則之外，工作小組還具體制定了一些規(guī)定，有給予信用報(bào)告體系中每一個(gè)利益相關(guān)者的，也有能夠使得信用報(bào)告體系能夠得到有效監(jiān)管的建議。6、這些原則和相關(guān)規(guī)則定義了一個(gè)健全、高效并且有效的信用報(bào)告系統(tǒng)的基本要素。世界上不同的市場(chǎng)處于他們自己的信用報(bào)告體系的不同發(fā)展階段。并且工作小組意識(shí)到，在某些地區(qū)信用報(bào)告體系已經(jīng)健全了某些甚至大部分的原則，但是在其他地區(qū)這些原則的遵守還需要長期的努力。7、本報(bào)告建立在信用報(bào)告和相關(guān)領(lǐng)域，例如數(shù)據(jù)保護(hù)和信貸風(fēng)險(xiǎn)管理的前期工作基礎(chǔ)上。通過對(duì)全球信用局計(jì)劃和西半球信用報(bào)告倡議的分析，世界銀行小組，得出了影響一國內(nèi)信用報(bào)告體系建設(shè)以及整體運(yùn)行的問題以及通過改革的不斷發(fā)展。其他相關(guān)工作包括巴塞爾銀行業(yè)監(jiān)管委員會(huì)的工作（主要是巴塞爾資本協(xié)議），歐洲中央銀行（ECB）工作小組的信用等級(jí)工作，數(shù)據(jù)保護(hù)和隱私專員國際會(huì)議從廣義角度討論隱私和數(shù)據(jù)保護(hù)作用的工作，其中包括由歐盟、APEC和OECD聯(lián)合制定的信用報(bào)告和隱私框架工作，以及歐洲委員會(huì)內(nèi)部市場(chǎng)和服務(wù)委員會(huì)的在信用報(bào)告背景下對(duì)跨境信用數(shù)據(jù)流挑戰(zhàn)方面的工作。信用報(bào)告的核心因素和一般性原則8、信用報(bào)告的核心因素可以大致歸納為以下幾個(gè)方面：1）數(shù)據(jù)；2）數(shù)據(jù)處理；3）治理安排和風(fēng)險(xiǎn)管理；4）環(huán)境方面的法律和監(jiān)管；5）跨境數(shù)據(jù)流。這些一般性原則就是圍繞這五大方面進(jìn)行組織的。這五大一般性原則的目標(biāo)是以下針對(duì)信用報(bào)告體系的公共政策目標(biāo)：信用報(bào)告體系應(yīng)該能有效支持一經(jīng)濟(jì)體中信用的完善以及公平的拓展使它成為一個(gè)強(qiáng)大和具有競爭力的信貸市場(chǎng)基礎(chǔ)。因此，信用報(bào)告體系應(yīng)該是安全的和有效的，并且是能夠完全支持?jǐn)?shù)據(jù)主題和消費(fèi)者權(quán)益的。9、信息質(zhì)量是一個(gè)有限信用報(bào)告環(huán)境的基礎(chǔ)性構(gòu)成部分。數(shù)據(jù)的精準(zhǔn)性是指，這些數(shù)據(jù)是沒有錯(cuò)誤的、真實(shí)的、完整的并且是及時(shí)的。不準(zhǔn)確的數(shù)據(jù)可能會(huì)導(dǎo)致眾多問題，包括不合理地拒絕某些貸款或者更高的借貸成本。質(zhì)量也意味著數(shù)據(jù)是充分和充足的，這意味著：1）囊括了相關(guān)的細(xì)節(jié)信息，包括消極和積極的數(shù)據(jù)；2）信息的收集包括許多相關(guān)資源的收集必需在法律允許的范圍內(nèi)；3）在可觀察的時(shí)間段內(nèi)，信息是充分的。因此，一般性原則1，信用報(bào)告體系應(yīng)該包括相關(guān)、準(zhǔn)確、及時(shí)和充分的數(shù)據(jù)包括積極方面在系統(tǒng)性基礎(chǔ)上所有可靠、適當(dāng)和有效來源收集數(shù)據(jù)，并且應(yīng)該獲得足夠長的時(shí)間段內(nèi)的數(shù)據(jù)。10、儲(chǔ)存在數(shù)據(jù)庫的信用數(shù)據(jù)和