Close relatives can ask to access, copy, correct, and delete the deceased's account and personal information
UpdatedGrade AMedium benefitFreedomFreeLittle timeSome willpower
After the person has died, close relatives, for their own lawful and proper interests, can ask the platform to access, copy, correct, or delete the deceased's personal information. If the platform refuses, it has to give a reason. You can also sue in court. There is one exception. If he made other arrangements while alive, for example by naming someone to inherit an account or by leaving a clear wish, follow his arrangements.
- Cost
- It costs nothing. Only if the platform will not cooperate do you need to complain or to sue.
- Benefit
- The law states it in so many words: when a natural person has died, close relatives, for their own lawful and proper interests, may exercise the rights to access, copy, correct, delete, and otherwise deal with the deceased's relevant personal information. Close relatives can ask the platform to bring his information out to be looked at, to make 1 copy, to correct an error, and to delete it. Article 50 requires the platform to set up a convenient mechanism for accepting and handling applications. "If it refuses a person's request to exercise a right, it shall state the reasons." If the platform refuses, "the individual may bring a lawsuit in a people's court according to law."
- Notes
- The article includes the sentence "except where the deceased made other arrangements while alive." If he set an account heir while alive, or left a clear wish, follow what he left. So while he is still clear-headed, it is worth writing down where the accounts and the passwords are to go. See Section 17. Closing an account and deleting personal information are 2 different things. See Section 14.
Sources · 1
- 全国人大常委会 (2021). 个人信息保护法. 中国人大网. npc.gov.cn/npc/c2/c30834/202108/t20210820_313… 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」