Close relatives may request access, copies, correction, or deletion of a deceased person's personal information
Under China's Personal Information Protection Law, close relatives may exercise specified rights over a deceased person's personal information for their own lawful, legitimate interests. A platform refusing must explain why, and the requester may bring a court action. There is an exception where the deceased made different arrangements during life, such as an account legacy arrangement or clear instructions.
What it takes
Nothing to make a request. A complaint or lawsuit may become necessary if the platform refuses.
What you may gain
The law expressly allows close relatives, for their own lawful and legitimate interests, to access, copy, correct, and delete relevant personal information after a natural person's death. They may ask a platform to show the information, supply a copy, correct errors, or delete it, subject to the deceased's prior arrangements and the law's conditions.
Context & considerations
Prior arrangements by the deceased take precedence under the stated exception. It is therefore useful to record how accounts and credentials should be handled while the person can make decisions; see chapter 17. Account cancellation and deletion of personal information are different; see chapter 14.
Research & references
Standing Committee of the National People's Congress (2021). Personal Information Protection Law, National People's Congress website. Article 49 establishes close relatives' rights for their own lawful, legitimate interests unless the deceased made other arrangements. Article 50 requires convenient application and handling mechanisms, reasons for refusal, and access to court proceedings in accordance with law. http://www.npc.gov.cn/npc/c2/c30834/202108/t20210820_313088.html