10Evidence A

Relatives of the deceased may request access to, copies of, corrections to, and deletion of their personal information

After a person passes away, their close relatives may, for their own lawful and legitimate interests, ask the platform to access, copy, correct, or delete that person’s personal information. If the platform denies such requests, it must provide a valid reason. Legal action in court is also an option. One exception applies: if the deceased made prior arrangements—such as designating a successor to their account or expressing clear intentions—those instructions must be followed.

Cost

No cost involved. Only if the platform refuses cooperation…

Benefit

The law explicitly states that upon a person’s death, their close relatives may, for their own lawful and legi…

Cost

No cost involved. Only if the platform refuses cooperation would legal complaints or lawsuits be necessary.

Benefit

The law explicitly states that upon a person’s death, their close relatives may, for their own lawful and legitimate interests, exercise rights such as accessing, copying, correcting, and deleting the deceased’s personal information. In other words, they may request the platform to provide access to this data, make copies, correct any errors, or remove it entirely.

Original sources

全国人大常委会 (2021). 个人信息保护法. 中国人大网. http://www.npc.gov.cn/npc/c2/c30834/202108/t20210820_313088.html 第四十九条:「自然人死亡的,其近亲属为了自身的合法、正当利益,可以对死者的相关个人信息行使本章规定的查阅、复制、更正、删除等权利;死者生前另有安排的除外。」;第五十条「个人信息处理者应当建立便捷的个人行使权利的申请受理和处理机制。拒绝个人行使权利的请求的,应当说明理由」「个人可以依法向人民法院提起诉讼」

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Book note

The legal text includes a clause stating “except where the deceased made prior arrangements.” This means that if someone designated a successor to their account or left explicit instructions, those must be honored. Therefore, while still alive, it’s advisable to document where one’s account credentials are kept, as explained in Section 17. Note also that account deactivation and deletion of personal information are two distinct processes, as discussed in Section 14.

My note