死者个人信息保护释论

Commentary on the Protection of Deceased Individuals'Personal Information

《个人信息保护法》第49条通过赋予死者近亲属等主体对死者个人信息享有权利的方式,确立了死者个人信息保护的赋权模式。与侵权保护模式相比,赋权模式可以对死者个人信息进行更为积极、有效的保护。在死者生前未做安排的情形下,对死者个人信息享有权利的主体限于死者近亲属;在死者生前另有安排的情形下,死者近亲属之外的主体也可以对死者个人信息享有权利。在对死者个人信息享有权利的主体为多人时,需要区分死者生前是否另有安排,分别确定各个权利人行使权利的顺序。除死者生前另有安排外,死者近亲属等主体对死者个人信息所享有的权利不限于查阅权、复制权、更正权、删除权,其还可以行使知情权、决定权等权利。

Article 49 of the Personal Information Protection Act establishes the empowerment model for the protection of the personal information of the deceased by granting the deceased's close relatives and other subjects the right to the personal information of the deceased.Compared with the infringement protection model,the empowerment model can provide more active and effective protection for the personal information of the deceased.In the case where the deceased has not made any arrangements during his lifetime,the subjects who have rights to the personal information of the deceased are limited to the close relatives;in the other cases,subjects other than close relatives may also have rights to the personal information of the deceased.The order of the right holders should be determined separately by whether the deceased had made other arrangements before his death when there are multiple subjects.In addition to the deceased's prior arrangements,the rights of the deceased's close relatives and other subjects to the deceased's personal information are not only the rights of access,copying,correction and deletion,but also the rights to be informed and to make decisions.