Who knows how the realty service enterprise keeps the owner's information confidential?

The owner's information is related to the owner's personal privacy and even to the owner's life and property safety. Once leaked, it will be used by criminals to commit crimes, and the consequences will be unimaginable. As a professional organization providing property services for owners, property service enterprises hold a lot of information closely related to owners, and also have the responsibility of protecting owners' privacy and preventing owners' information from leaking. Modern science and technology are changing with each passing day, especially with the popularization of computer application, the modernization of property management is also increasing. Under the new situation, how should property service enterprises improve the confidentiality measures of owners' information How should the relevant government supervision departments manage the property management files? Combined with the current situation of property management industry, the author puts forward the following suggestions, hoping to inspire property management companies in the management of owners' files.

First, the property service enterprise should manage the owner's archival materials by a special person, and the archivist should bear the legal responsibility for improper management.

The owner's file involves the owner's personal privacy, and generally records the owner's room number, telephone number, family members, identity documents and other information. If you don't pay attention to confidentiality during the use of files, it may infringe on the privacy of the owner. Therefore, the owner's files should be managed by a special person, a file management network should be established, and the responsible person should be clearly defined. Property management enterprises can establish a three-level network management system composed of enterprise leaders, competent departments and full-time (part-time) management personnel, and can designate a person to be responsible for the management of owners' files. The personnel specifically responsible for file management need to receive professional file management training and have file management knowledge. In the process of file management, if the file information is leaked due to the negligence and fault of the file manager, the file manager shall bear legal responsibility. Through this specific division of responsibilities management model, strengthen the management of owners' files.

Second, when signing a cooperation contract with an external company, the property service enterprise strictly stipulates the confidentiality clause of the owner's personal data and the corresponding liability for breach of contract, and starts the relief procedure in time after the owner's personal data is leaked to prevent the owner's personal data from being further leaked.

During the performance of the realty service contract, the realty service enterprise has mastered the owner's personal data due to work needs, but these data can only be used for the work related to the realty management service. When signing a cooperation contract with an external company, which may involve the use of the owner's information, the property service enterprise shall clearly stipulate the confidentiality clause in the cooperation contract. That is, without the written consent of the property service company and the owner, the owner's information shall not be disclosed. Without the written consent of the property management company and the owner, the property management company has the right to terminate the contract, hold the defaulting party liable for breach of contract and demand the defaulting party to compensate for the liquidated damages.

. By increasing the default cost of the defaulting party, the default behavior of external companies is restricted. After discovering that the personal data of the owner has been leaked, the realty service enterprise should claim the rights to the defaulting party in time, urge the defaulting party to stop the infringement through news media exposure, and even pursue its legal responsibility through litigation.

Three, property service enterprises in the modernization of archives management at the same time, should adopt advanced technology to strengthen the confidentiality management of archives.

With the rapid development of computer science and technology, digital file management is becoming more and more mature, and many digital file management softwares have also appeared. While adopting advanced technology, property service enterprises should also take corresponding measures to prevent the leakage of file information. Property service enterprises can choose to use personal privacy selection platform and other related software in the owner's file management to achieve the purpose of protecting network privacy. When entering the owner information database, the software will remind you what information you are searching for, and it is up to the user to decide whether to continue browsing information, or it is preset in the software that only specific information is allowed to be collected, and other information is not allowed to be collected. By installing similar software to prevent the owner's information from being stolen, the owner's information security can be effectively protected.

Four, by the government administrative departments and industry associations issued relevant guidance or guidance documents, strengthen the supervision of the archives of property management enterprises, property service enterprises to develop detailed rules for the implementation of the owner's archives management, strengthen the management of the owner's archives.

Real estate administrative departments at all levels shall be responsible for the supervision and management of property management activities within their respective jurisdictions. In view of the current phenomenon that property service enterprises are not strict in managing the information and files of community owners, government departments should issue corresponding guiding documents and strengthen supervision. The Beijing Municipal Construction Committee recently issued the Guiding Opinions on Requiring Property Service Enterprises to Strengthen the Management of Owners' Personal Data, requiring property companies to prevent the disclosure of owners' personal data, and property service enterprises to establish and improve the management system of owners' personal data. Do a good job in hidden danger investigation, strictly consult the system, implement special management, clarify the responsible person, and resolutely put an end to the act of taking away or revealing the owner's personal data without permission. It is also stipulated that if the above situation occurs, the property management company shall not be allowed to conduct quality evaluation and record it in the bad records of the enterprise. In the guidance document, the administrative department should make clear the legal responsibility that the property service enterprise should bear if the owner's personal data is leaked due to poor management, record the improper management behavior of the property management enterprise in the credit file, and require the property management enterprise to investigate the specific responsible personnel. Local property management industry associations should actively play their role as a bridge between the government and enterprises, study the practical problems of property management industry and explore effective solutions in view of the shortcomings of current property management enterprises in the management of owners' files. Publicize laws and regulations related to privacy protection.

, formulate operational guidelines for industry archives management, and guide property management enterprises to provide more professional and standardized services for owners. The realty service enterprise may, according to the actual situation of the enterprise and with reference to the Archives Law of People's Republic of China (PRC), the Measures for the Implementation of the Archives Law of People's Republic of China (PRC), the Regulations on the Work of Office Archives and the Inquiry Measures for Enterprise Registration Archives, formulate the operating rules for the internal archives management of the enterprise, and require the employees of the enterprise to manage the owner's archives in strict accordance with the operating rules. (The writer is a lawyer of Guangdong Hou Bo Law Firm and concurrently the Secretary-General of the Civil Law Committee of Guangzhou Lawyers Association. )