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 per-sonal 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 lim-ited to the close relatives;in the other cases,subjects other than close relatives may also have rights to the personal infor-mation 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.
关键词
死者个人信息/赋权模式/信息自决/近亲属
Key words
personal information of the deceased/empowerment model/information self-determination/close rela-tives