Has the bank violated the student's right to privacy
Recently, Jiangxi Pingxiang rural commercial bank published a list of college students in order to collect student loans, causing great controversy. The bank published a list of 141 overdue students, including name, school, overdue amount, address and other information, of which the lowest overdue amount is less than 10 yuan.
The lawyer said that when there is an agreement between the bank and the borrower, this does not constitute infringement.
The bank announces the list of students whose student loans are overdue
The minimum overdue amount is 3.47 yuan
In August 15th, Pingxiang Agricultural Bank of Jiangxi published an article on its WeChat official account, saying that a group of students in Anyuan and Xiangdong had not overdue their student loans. Meanwhile, the list of overdue students was announced, and they called for 'if you see a friend in there, please remind him to pay the loan as soon as possible!'
According to the list published by the bank, as of December 21, 2018, there were 141 overdue students, including 82 in Anyuan District and 59 in Xiangdong district. It is worth noting that the bank also published the student's name, University, overdue amount and address information. Most of the students in the list are from local universities in Jiangxi, such as Jiangxi Normal University and Nanchang University, and a small number of students from foreign universities such as Guangdong, Hubei, Hunan, Hebei, Shandong and Sichuan.
The list shows that the overdue amount of most students is between several hundred yuan and several thousand yuan. The student with the highest amount is 11890.96 yuan overdue, and the overdue amount of the rest is less than 10000 yuan. The overdue amount of 16 students is less than 100 yuan, of which the lowest student is only 3.47 yuan overdue.
In the article, Jiangxi Pingxiang rural commercial bank stressed the impact of non timely repayment on the future of students, saying that it will no longer enjoy the government interest discount policy from September 1 of the year of graduation. Please pay the loan interest on December 21 every year and repay the loan in time when it expires. The bank listed five overdue consequences, including loading default information into the personal credit investigation system, affecting personal credit, retaining default information for at least 5 years, seriously entering the list of dishonest persons, bearing legal liability, etc.
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National student loan is an important part of the financial aid system for college students. At present, there are two kinds of national student loans, one is the student source student loan, and the other is the application for the county level subsidy center before registered residence. The other is the campus student loan, which is applied for by college students after they enter the school. According to the introduction of Pingxiang rural commercial bank, the collection notice should be targeted at student loans in the place of origin.
Student loans in places of origin are mainly issued by financial institutions such as the National Development Bank. In January 2016, Jiangxi Provincial Department of education, Jiangxi Provincial Department of finance, Nanchang central sub branch of the people's Bank of China and Jiangxi Banking Regulatory Bureau issued the measures for the implementation of credit student loans in the place of origin of students in Jiangxi Province. The credit student loans in the place of origin of students in Jiangxi Province were issued by Jiangxi branch of China Development Bank and Jiangxi Rural Credit Union (now Jiangxi Agricultural and Commercial Bank) It will be distributed to eligible freshmen and students in Colleges and universities who have financial difficulties. Pingxiang rural commercial bank is a member bank of Jiangxi rural commercial bank.
Does the bank violate privacy?
The lawyer said there was no infringement when there was a contract
Jiangxi Pingxiang rural commercial bank's move has aroused great controversy. The views of netizens on social networks are divided into two groups. One supports the behavior of banks and believes that borrowing money should be repaid; The other party believes that the bank's disclosure of student information is suspected of violating privacy, and the student may have inadvertently overdue.
A total of 81000 people participated in the online voting on this matter, of which 52000 supported the bank, accounting for about 64%; 24000 people do not support banks, accounting for about 30%. Some netizens said, 'if you still don't return it after reminding, it won't be a big problem. But it would be inappropriate to announce it directly without reminding and contacting. At least those who owe more than three yuan must be injured by mistake. "
In August 18th, the official account of WeChat Commercial Bank of Pingxiang, Jiangxi, had deleted the previous article.
Xiao SA, director of China Banking Law Research Association, told the Beijing news that whether the infringement mainly depends on whether there is a provision of public information in the agreement between the bank and the borrower. According to the speech data of the staff of the national student financial assistance management center, the overdue management of student loans does contain information about the borrower's commitment to be made public, so it does not constitute infringement when there is an agreement in the contract.
"This does not conflict with the confidentiality principle stipulated by the central bank. Financial institutions do have relevant responsibilities in the normal transactions of customers, but overdue customers have transferred their rights in the loan agreement. When this fact occurs, publishing the relevant overdue person's information is a legal means of relief."
According to the measures of the people's Bank of China for the administration of student loans promulgated by the central bank in 2000, college students applying for student loans shall fill in the loan contract according to the regulations, promise to provide the lender with work units and means of communication after leaving the school, promise that the loan will not be repaid within one year and no extension is proposed, and the lender can publish their names on the college or relevant media ID number, to inquire.
According to the notice issued by the people's Bank of China, Ministry of finance, Ministry of education and State Administration of Taxation on the further development of the national student loan business in 2001, each bank should publish the default situation of student loans in the public newspapers and other information media, and expose publicly the name, ID number and breach of contract of the Chinese borrower.
According to the provisions of the student loan of the National Development Bank, if the interest is not repaid in time on December 20 of that year, the loan will be regarded as overdue. After the principal is repaid, penalty interest will be calculated and charged on the overdue principal, and the penalty interest rate is 130% of the current interest rate.
Meanwhile, in accordance with the loan contract, the National Development Bank and the county level Funding Center have the right to name, ID number, graduation school, breach of contract and other information in the news media and network channels without the repayment of the contract, and the students who are in arrears for more than one year and do not take the initiative to contact the county Funding Center.
There are precedents for similar events. In 2007, Guangdong branch and Beijing Branch of industrial and Commercial Bank of China published the list of students with arrears overdue for one year on China higher education student information network, including the year of loan issuance, name, default months and principal and interest of arrears.
Student: not many people deliberately break the contract
Most of them do not understand the policy
A student who had handled student loans told the Beijing news that most of the students who failed to repay in time were mainly because they did not know much about the policies related to student loans, 'I don't think there are many who deliberately don't repay'.
The student said that the term of the student loan was relatively long and began to repay after graduation. Some students changed their mobile phone numbers and did not receive repayment information; Some students have only borrowed for one or two years and are easy to forget when they repay after graduation.
The term of the national student loan is the school system plus 13 years, with a maximum of 20 years. The loan standard is no more than 8000 yuan per junior college student and no more than 12000 yuan per graduate student per year. From September 1 of the year of graduation (or graduation), students begin to repay interest. The repayment date is December 20 of each year (September 20 of the last year). Three years after graduation is the grace period for repayment of principal. Only the interest needs to be repaid, and there is no need to repay the principal. The principal and interest will be repaid from the fourth year.
A major feature of national student loan is financial interest discount. According to the opinions on improving the national student loan policy issued by the Ministry of education, the Ministry of finance, the people's Bank of China and the CBRC in 2015, the interest rate of the national student loan is subject to the benchmark interest rate of the same grade published by the people's Bank of China in the same period and does not rise. The loan interest of borrowing students during their study period shall be fully subsidized by the finance. Loan students who continue to study for a degree during the repayment period after graduation may apply for continued interest discount.
In addition, student loans also have policies for specific groups, such as enlistment, employment in grass-roots units in the central and western regions and difficult and remote areas. There are national student loan compensation policies. However, the repayment may be delayed because the students and relevant school staff do not understand the policy documents.
A national defense student said that he went to the army after two years of school. Soon after he came back, he found that there was a debt on his bank card, so he immediately made up the debt, but he paid more than 300 yuan of interest. He consulted the school's department responsible for tuition compensation loans. At that time, the staff said that the student loans of national defense students were repaid by the school, 'maybe they don't know much about this business.'
He also said that one of his classmates thought it was the school's repayment and had not repaid it until he joined the work to buy a car. He found that the loan had been overdue for three years. Not only did he need to pay penalty interest, but the overdue information was also recorded in the credit investigation records of the central bank. Since then, car loans and housing loans have been restricted.
There are college admissions teachers said that the current student loan repayment method is more convenient, can be repaid on Alipay, Alipay has the National Development Bank student loan service number, can enter the student ID number to repay.