If personal information is leaked and used for online loans by others, it is an illegal online loan, and the victim does not have to bear the repayment responsibility of the loan. The court found that the loan contract was invalid for successfully using someone else's ID card to successfully receive an online loan.

Personal information is leaked by online loans

Personal information is leaked, and loan companies are not allowed to issue loans without the consent of the parties involved. Personal loans require personal consent, and the lender needs to verify the true identity of the lender, otherwise it is an illegal loan.

According to Article 17 of the "Interim Measures for the Administration of Personal Loans", lenders should establish and strictly implement a loan interview system. When issuing low-risk pledge loans through electronic banking channels, the lender should at least take effective measures to determine the true identity of the borrower.

Article 18 The loan review shall conduct a comprehensive review of the legality, rationality, and accuracy of the loan investigation content, focusing on the due diligence of the investigator and the borrower's repayment ability, integrity, guarantee, Mortgage (pledge) ratio, risk level, etc.

Article 41 of the "Interim Measures for the Administration of Personal Loans" If a lender handles personal loan business in violation of the provisions of these Measures, the China Banking Regulatory Commission shall order it to make corrections within a time limit. If a lender has any of the following circumstances, the China Banking Regulatory Commission may take supervisory measures stipulated in Article 37 of the Banking Supervision Law of the People's Republic of China and the People's Republic of China:

(1) ) Failure to perform due diligence in loan investigation and review;

(2) Failure to establish and implement loan interviews and loan contract interview systems as required;

(3) Failure to adopt standard clauses in loan contracts Publicly announced;

(4) Violation of the provisions of Article 27 of these Measures;

(5) Payment management does not meet the requirements of these Measures.

How to deal with it

If you are "loaned" without knowing it, you can solve it through judicial channels and provide some evidence that can prove your ignorance and responsibility, such as phone calls Chat records, signatures, captured images, etc. Regularly conduct testing on the central bank or Weixin Dumas data. After discovering problems, you must promptly complain and give feedback to the banking institution, and safeguard your own rights and interests reasonably and legally.