“Credit information system” is an important infrastructure in the area of consumer credit to decrease the financing risk, and to achieve an appropriate financing. However, this system has danger of violating individual’s privacy by using consumer’s individual information. How is it possible to make coexistence between the protection of privacy and the operation of this system? To answer this question, in this paper, the legal meanings of consumer’s “consent” that is given to credit granter and credit reporting agency when they collect and use their credit information, is analyzed.
At this analysis, viewing the Japanese credit information system, characteristic difference between individual information general and consumer’s credit information is treated as very important factor. At the point of purpose, user, and system for using it, consumer credit information, especially in Japan, has restricted character. In addition, at the point of the scene that is used, consumer credit information has something for something character. So it is not enough to explain the legal meaning of consumer’s “consent” only as a permission concerning tort liability, but as a consideration concerning contractual liability.
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