世界银行《个人信用报告一般应规则》部分原文及翻译

1、附录 英文参考文献节选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 inv

2、estment, 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 f

3、inancial 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

4、 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 s

5、tability, 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

6、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 princi

7、ples 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 Internati

8、onal 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 prov

9、iders, 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 r

10、oles, 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 ar

11、ound 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

12、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, ha

13、s 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 Europe

14、an 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 b

15、y 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 Pri

16、nciples8. 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 o

17、rganized 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 ma

18、rkets. 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, comple

19、te 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) infor

20、mation 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

21、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,

22、 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 report

23、ing 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 impor

24、tance 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 transp

25、arency 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. G

26、overnance 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 t

27、he 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

28、 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 info

29、rmation 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 prot

30、ect 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 a

31、nd 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 borrow

32、ersoutside 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 coun

33、try 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 m

34、ultiplicity 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

35、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 fin

36、ancial 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

37、.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 stake

38、holders 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 whe

39、n 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.译文：信用报告的一般性原则世界银行2011年9月简介以及可执行性概要1、运行良好的

40、金融市场有助于可持续增长以及经济的发展，因为它们通常会为衡量风险和投资回报提供一个有效的机制，并且能够管理和分配风险。金融基础设施（FI）是金融体系的核心部分。金融基础设施的质量决定了中介的效率、贷款人衡量风险的能力，以及在市场竞争条件下消费者获得信贷、保险以及其他金融产品的能力。信用报告是一个国家金融基础设施的重要组成部分，也是一种公益活动。2、信用报告涉及信用市场的一个基本问题：借款人和贷款人之间的信息不对称问题，这一问题可能会导致逆向选择、信用配给不合理问题以及道德风险问题。因此，监管机构以及金融市场的参与者越来越意识到信用报告体系在改善信贷风险和整体信贷组合管理从而提高金融监管和金融部

41、门稳定性方面的价值；同时信用报告体系也可以作为一种有助于获得信贷的工具。3、在激烈的市场中，信用报告活动的好处是借款人可以以更低的成本获得资金，这将对生产性投资支出产生积极的影响。得到改良的信息流还可以提供基于事实且快速的信用评估的基础，因此会有利于使很多具有良好信用史（即良好还款前景）的人获得信贷和其他金融产品。4、尽管信用报告系统在世界范围内得到快速的发展，但是尚未有可以系统性对利益相关方在处理发展、日常运营以及改善这些体系之间挑战进行指导管理的原则。信用报告标准制定小组是世界银行在国际清算银行支持下，为了填补这一空白，并旨在提供一套可以在任何司法管辖区域内都可以有效运行的核心原则。5、这

42、些一般性原则的目标人群是政策制定者、监管机构、财务主管、信用报告数据供应商、信用报告服务供应商，这些服务的使用者以及在这些系统中储存有信用历史和个人身份数据的个人和企业（后者在整个报告中被称为“数据主题”）。除了这些原则之外，工作小组还具体制定了一些规定，有给予信用报告体系中每一个利益相关者的，也有能够使得信用报告体系能够得到有效监管的建议。6、这些原则和相关规则定义了一个健全、高效并且有效的信用报告系统的基本要素。世界上不同的市场处于他们自己的信用报告体系的不同发展阶段。并且工作小组意识到，在某些地区信用报告体系已经健全了某些甚至大部分的原则，但是在其他地区这些原则的遵守还需要长期的努力。7

43、、本报告建立在信用报告和相关领域，例如数据保护和信贷风险管理的前期工作基础上。通过对全球信用局计划和西半球信用报告倡议的分析，世界银行小组，得出了影响一国内信用报告体系建设以及整体运行的问题以及通过改革的不断发展。其他相关工作包括巴塞尔银行业监管委员会的工作（主要是巴塞尔资本协议），欧洲中央银行（ECB）工作小组的信用等级工作，数据保护和隐私专员国际会议从广义角度讨论隐私和数据保护作用的工作，其中包括由欧盟、APEC和OECD联合制定的信用报告和隐私框架工作，以及欧洲委员会内部市场和服务委员会的在信用报告背景下对跨境信用数据流挑战方面的工作。信用报告的核心因素和一般性原则8、信用报告的核心因素

44、可以大致归纳为以下几个方面：1）数据；2）数据处理；3）治理安排和风险管理；4）环境方面的法律和监管；5）跨境数据流。这些一般性原则就是围绕这五大方面进行组织的。这五大一般性原则的目标是以下针对信用报告体系的公共政策目标：信用报告体系应该能有效支持一经济体中信用的完善以及公平的拓展使它成为一个强大和具有竞争力的信贷市场基础。因此，信用报告体系应该是安全的和有效的，并且是能够完全支持数据主题和消费者权益的。9、信息质量是一个有限信用报告环境的基础性构成部分。数据的精准性是指，这些数据是没有错误的、真实的、完整的并且是及时的。不准确的数据可能会导致众多问题，包括不合理地拒绝某些贷款或者更高的借贷成本。质量也意味着数据是充分和充足的，这意味着：1）囊括了相关的细节信息，包括消极和积极的数据；2）信息的收集包括许多相关资源的收集必需在法律允许的范围内；3）在可观察的时间段内，信息是充分的。因此，一般性原则1，信用报告体系应该包括相关、准确、及时和充分的数据包括积极方面在系统性基础上所有可靠、适当和有效来源收集数据，并且应该获得足够长的时间段内的数据。10、储存在数据库的信用数据和