(Promulgated on December 28, 2003 by Decree No. 15 of the Shanghai Municipal People’s Government)

Chapter 1 General Provisions
Article 1 (Purpose)
For the purpose of regulating the collecting of information relating to the credit standing of individual persons, safeguarding the provision in an objective and impartial manner of services by a credit reference agency and ensuring the accurate, safe and proper use of information relating to the credit standing of individual persons, these Procedures have been formulated in the light of the actual circumstances of this Municipality.
Article 2 (Definition)
The collecting of information relating to credit standing of individual persons referred to in these Procedures concerns the activities of a lawfully established credit reference agency (hereinafter referred to as credit agency) in collecting and processing information relating to the credit standing of individual persons and in providing services relating to inquiring and rating in relation to such information in compliance with the requests of customers
Article 3 (Scope of Application)
These Procedures shall apply to all the activities in relation to the collecting of information relating to the credit standing of individual persons in this Municipality and the supervision and administration thereof.
Article 4 (Administrative Department)
The Shanghai Municipal Office for the Administration of the Collecting of Credit Information (hereinafter referred to as the Municipal Credit Information Office) is responsible for the supervision and administration of the collecting of information relating to the credit standing of individual persons.
The Shanghai Branch of the People’s Bank of China is, in accordance with relevant State regulations, responsible for the supervision and administration of the collecting of information relating to the credit standing of individual persons where business dealings with banks are concerned. 
Article 5 (Principles)
A credit agency shall, in engaging in the collecting of information relating to the credit standing of individual persons, follow such principles as being independent, being objective and being impartial, respect the privacy of individual persons, and uphold the legitimate rights and interests of individuals whose credit standing is to be collected and also the interests of society at large.

Chapter 2  Collecting of Information Relating to the Credit Standing of Individual Persons
Article 6 (Scope of Credit Standing Information of Individual persons)
Information relating to the credit standing of individual persons includes the following types:
1. Basic personal information for identifying a person and making known his/her family, profession, etc;
2. Personal Credit Information resulting from a person’s obtaining of credit from financial organizations, the Center for the Management of Common Reserve Funds for Housing, etc;
3. Personal credit-purchase and payment-making information resulting from the establishment of credit-purchase relationships with commercial organizations and/or public utilities;
4. Public record information resulting from the process of performing duties and responsibilities by administrative organs, administrative affairs enforcement organs and judicial organs that concerns the credit standing of individual persons; and
5. Other types of information relating to the credit standing of individual persons.
Article 7 (Scope of Credit Standing Information of Individual Persons That May be Collected without Their Consent)
A credit agency shall, in collecting information relating to the credit standing of individual persons, obtain the consent of the person whose credit standing is to be collected except in the following cases:
1. Bad credit information resulting from such activities as taking out loans, making credit purchases, making payments, etc;
2. Disciplinary sanctions imposed on employees of intermediary service trades such as appraisal and certification, evaluation, brokerage, consultancy, acting as agency, etc. for violation of the principle of honesty and good faith;
3. Public record information resulting from the process of performing duties and responsibilities by administrative organs, administrative affairs enforcement organs and judicial organs that has been made accessible to the public; and
4. Information relating to the credit standing of individual persons that is already open to the public.
What is called bad credit information in Item 1 in the preceding clause refers to information concerning a deliberate default in payment of a considerable sum of money. The specific amount of money involved in such a case of default shall be decided and made public by the Municipal Credit Information Office in conjunction with other departments concerned.
Article 8 (Information Collecting That is Proscribed)
A credit agency is not allowed to collect personal information of the following types:
1. Information irrelevant to the credit standing of individual person;
2. Information that may lead to discrimination against the person whose credit standing is to be collected such as that about one’s nationality, race, family background, religious faith, political belief and also that about one’s body shape, genotype, blood type, disease, medical history, etc; and
3. Other types of personal information whose confidentiality is protected and whose collection is proscribed by laws and regulations.
Among personal information whose confidentiality is protected as provided in Item 3 in the preceding clause, information relating to private property, such as bank savings, tax payments, etc. may be collected by a credit agency on condition that it is voluntarily supplied by the person whose credit standing is to be collected.
Article 9 (Ways of Collecting That Are Proscribed)
A credit agency is not allowed to collect information relating to the credit standing of individual persons by such means as deceit, theft, bribery, luring with promise of gain, coercion, breaking into computer networks or by other illegal means.

Chapter 3  Processing of Information Relating to the Credit Standing of Individual Persons
Article 10 (Storing of Information)
A credit agency shall, without delay and with accuracy, store the information relating to the credit standing of individual persons that has been collected on a database for this particular purpose, and shall not fabricate or falsify information, and shall ensure the timely update on the information collected.
The storing on the above-mentioned database of personal information whose collection is not allowed as provided in Article 8 of these Procedures is proscribed.
Article 11 (Matching of Information)
A credit agency shall formulate rules for the matching of information, adopt effective identification marks for matching the information relating to the credit standing of individual persons collected, and ensure the accuracy of the information being stored.
Article 12 (Requirements for the Making of Personal Credit Reports and Personal Credit Ratings)
A credit agency may process information relating to the credit standing of individual persons into personal credit reports and personal credit ratings.
In producing personal credit reports, a credit agency shall objectively make known information relating to the credit standing of individual persons and no speculation and rating are allowed.
In making personal credit ratings, a credit agency shall use as basis a scientifically-and-appropriately-worked-out reference frame and set of criteria to ensure the impartiality of the ratings.
Article 13 (System Security)
A credit agency shall establish a tightly-controlled system of administration, take necessary technical measures and ensure the safe operation of the system for information relating to the credit standing of individual persons.
A credit agency shall keep a back-up of the database for information relating to the credit standing of individual persons to prevent loss of information.
A credit agency shall set access restrictions for the database for information relating to the credit standing of individual persons to prevent unauthorized access thereto and misuse thereof.

Chapter 4  Provision of Information Relating to the Credit Standing of Individual Persons
Article 14 (Provision of Service by Credit Agency)
A credit agency shall not provide any organization or individual with personal credit reports or personal credit ratings or disclose information relating to the credit standing of individual persons except in the following cases:
1. When the person whose credit standing is to be collected himself/herself requests that information relating to his/her credit standing be provided;
     2. When a party has the intention of offering a loan, a credit sale, rental service, a job, an insurance policy, a guaranty, etc. to the person whose credit standing is to be collected or has other justifiable reasons and when the said party has the authorization of the person whose credit standing is to be collected;
     3. When a party has in business deals such intentions as demanding payments/repayments, etc. from the person whose credit standing is to be collected, and is able to produce relevant evidence thereof; and
4. Other situations provided by laws, regulations and rules.
Article 15  (Information Whose Disclosure is Proscribed)
Without the consent of the person concerned, a credit agency is not allowed to directly disclose in personal credit reports or personal credit ratings personal information whose confidentiality is protected as provided in Clause 2 of Article 8 of these Procedures but which the person whose credit standing is to be collected has voluntarily offered.
A credit agency is not allowed, in personal credit reports or personal credit ratings, to disclose or use information about default in debt repayment, disciplinary sanction by a trade or administrative punishment that is past the stipulated time limit, and also other information about wrong-doing except for criminal records.
The scope and specific time limit of the proscription with regard to the disclosure and use of bad credit information of individual persons as provided in the preceding clause shall be set and formalized by the Municipal Credit Information Office in conjunction with other departments and the trade associations concerned. The maximum time limit shall not exceed seven years.
Article 16 (Agreement on the Provision of Credit Rating Service)
A credit agency shall negotiate an agreement with customers on the use of personal credit reports and personal credit ratings, making clear that the disclosure to any third party, either an organization or an individual person, of a person credit report or a personal credit rating or any information therein contained is not allowed.
Article 17 (Validity of Personal Credit Reports and Personal Credit Ratings)
A personal credit report and a personal credit rating issued by a credit agency may be used for reference only by its customers in assessing the credit standing of the person concerned.
Article 18 (Inquiry Service for Persons Concerned)
A credit agency shall provide inquiry service when the following types of information are requested by a person whose credit standing is to be collected:
1. Information about his/her own credit standing;
2. Sources of the information about his/her credit standing; and
3. Information about customers in a position to obtain his/her personal credit report or personal credit rating.
Article 19 (Fees for Service)
The services of a credit agency are paid service.
The fees charged by a credit agency in providing personal credit reports and personal credit ratings shall be fixed by the competent pricing administration in this Municipality in conjunction with the Municipal Credit Information Office.

Chapter 5  Handling of Objections to Information
Article 20 (Objections by Persons Whose Credit Standing Is to be Collected)
In case a person whose credit standing is to be collected holds that the information relating to his/her credit standing disclosed by a credit agency is inaccurate, incomplete, irrelevant or out of date, he/she may raise objections to the credit agency concerned and require that it be rectified.
In case the information being objected to is rectified, a credit agency may, at the request of the person whose credit standing is to be collected himself/herself, provide a copy of his/her personal credit report. The person whose credit standing is to be collected may receive each year a copy of the rectified personal credit report free of charge.
Article 21 (Handling of the Objections of a Person Whose Credit Standing is to be Collected)
In case a person whose credit standing is to be collected raises objections to his/her basic personal information, a credit agency may, on the basis of relevant materials provided by the person concerned, rectify in a timely manner his/her basic personal information.
In case a person whose credit standing is to be collected raises objections to his/her personal credit standing information other than his/her basic personal information, a credit agency shall handle them in accordance with the following provisions:
1. In case the information being objected to does indubitably need rectifying after being checked, a credit agency shall rectify it in a timely manner;
2. In case the information being objected to needs no rectifying after being checked but the person whose credit standing is to be collected persists in objecting to it, a credit agency may keep the information being objected to unchanged while clearly marking down his/her objections and the reasons therefor; and
3. In case the information being objected to is found to be unverifiable, a credit agency may have it rectified in compliance with the request of the person whose credit standing is to be collected.
Article 22 (Handling of the Objections of a Customer)
In case a customer has objections to the disclosed personal credit standing information of someone, he/she may put his/her case before the credit agency concerned. The credit agency concerned shall then handle the case in accordance with the following provisions:
1. In case the information being objected to does indubitably need rectifying after being checked, a credit agency shall rectify it in a timely manner and notify the person whose credit standing is to be collected; and
2. In case the information being objected to needs no rectifying after being checked or is found to be unverifiable, a credit agency may keep the information being objected to unchanged.
Article 23 (Time Limit for Handling Objections)
A credit agency shall, within 30 days after the date of receipt of an objection to a piece of information, complete handling the case and notify the party concerned in writing.

Chapter 6  Supervision and Administration
Article 24 (Filing Requirements)
A credit agency shall submit the following to the Municipal Credit Information Office to be put on file:
1. The operational rules and regulations and in-house standards formulated by a credit agency for the collecting, processing and provision of information relating to the credit standing of individual persons;
2. The rules and regulations and standard procedures that ensure the safe operation of the system for information relating to the credit standing of individual persons; and
3. Other matters whose putting on file the Municipal Credit Information Office considers necessary.
Article 25 (Matters for Public Knowledge)
A credit agency shall publicize in its work-place the following and subject itself to public scrutiny by society at large:
1. The guidelines for collection and the time limit of disclosure of information relating to the credit standing of individual persons;
2. Ways of using the service of provision of personal credit reports and personal credit ratings;
3. The fees charged for the service of provision of personal credit reports and personal credit ratings;
4. Procedures for the handling of objections; and
5. Other matters whose making public the Municipal Credit Information Office considers necessary.
Article 26 ((Annual Report of Work)
A credit agency shall report to the Municipal Credit Information Office the following developments in the preceding year during the first season of each year:
1. Developments in relation to the operation of the system for information relating to the credit standing of individual persons and the enforcement of the rules and regulations thereto related;
2. Developments in relation to the provision of services in response to inquiries and in giving ratings on the basis of information relating to the credit standing of individual persons; and
3. Developments in relation to the handling of objections.
Where the business of banks is involved, a report shall also be submitted to the Shanghai Branch of the People’s Bank of China.
Article 27 (Report of Important Matters)
In case of developments like serious accidents in the operation of the system for information relating to the credit standing of individual persons, serious leaks of information relating to the credit standing of individual persons, etc, a credit agency shall set about dealing with them and report to the Municipal Credit Information Office in a timely manner.
Article 28 (Complaints and Reports of Offences)
Any organization or individual person that concludes that a credit agency has, in carrying out its business activities, infringed upon their legitimate rights and interests or has committed other violations of law may lodge a complaint with or make a report to the Municipal Credit Information Office.
The Municipal Credit Information Office shall, within 30 days after the date of receipt of a complaint or a report, complete handling the case and notify the party concerned in writing.

Chapter 7  Legal Liability
Article 29 (Punishment for Minor Violations of These Procedures)
In case of a credit agency commits any of the following acts, the Municipal Credit Information Office shall give a disciplinary warning or impose a fine of between not less than 1,000 yuan and not more than 10,000 yuan:
1. A violation of the provisions in Article 7 of these Procedures by collecting information outside of the provided categories without the consent of the person whose credit standing is to be collected;
2. A violation of the provisions in Article 8 of these Procedures by collecting personal information whose collection is proscribed;
3. A violation of the provisions in Article 10 of these Procedures by failing to store in a timely and accurate manner information relating to the credit standing of individual persons, or by fabricating or falsifying it, or by deciding on its own to store information whose storage is proscribed;
4. Failure to make an agreement with a customer on the use of personal credit reports and personal credit ratings in accordance with the provisions in Article 16 of these Procedures;
5. Failure to provide inquiry service to a person whose credit standing is to be collected in accordance with the provisions in Article 18 of these Procedures;
6. Failure to handle objections to information in accordance with the provisions in Article 21, Article 22, and Article 23 of these Procedures;
7. Failure to make submissions to be put on file or reports in accordance with the provisions in Article 24, Article 26, and Article 27 of these Procedures; and
8. Failure to publicize the matters required in accordance with the provisions in Article 25 of these Procedures.
Article 30 (Punishment for Serious Violations of these Provisions)
In case of a credit agency commits any of the following acts, the Municipal Credit Information Office shall order a rectification, and may impose a fine of between not less than 5,000 yuan and not more than 30,000 yuan according to the seriousness of the case:
1. A violation of the provisions in Article 9 of these Procedures by collecting information relating to the credit standing of individual persons by means of deceit, theft, bribery, luring with promise of gains, coercion, breaking into computer networks or by other illegal means;
2. A violation of the provisions in Article 14 of these Procedures by providing personal credit reports, or personal credit ratings or by making disclosure of information relating to the credit standing of individual persons to an organization or an individual person other than those allowed by these Procedures; and
3. A violation of the provisions in Clause 1 and Clause 2 of Article 15 of these Procedures by disclosing or making use of the said information.
Article 31 (Dealing with Unauthorized Credit Reference Business)
Anyone that without approval engages in unauthorized credit reference business shall be dealt with according to law by the competent administrative department of industry and commerce.
Article 32 (Civil and Criminal Liability)
In case a credit agency infringes upon through its own mistake the civil rights of a person whose credit standing is to be collected or of any other person and causes damage thereto, it shall take civil liability in accordance with the “General Principles of the Civil Law of the People’s Republic of China” and in accordance with the provisions of other relevant laws and regulations.
In case that an act of the staff of a credit agency constitutes a crime, the criminal liability shall be prosecuted according to law.

Chapter 8  Supplementary Provisions
Article 33 (Effective Date)
     These Procedures shall become effective on February 1, 2004.