Challenges and Improvement Pathways in the Protection System for Deceased Persons'Personal Information Rights
While current Chinese legislation includes special provisions for protecting deceased persons'personality interests,providing a normative pathway for safeguarding their personal information rights,there remain numerous gaps that create both internal and external challenges in the application of these protective mechanisms.The main issues include ambiguity regarding whether the provisions protect the rights of close relatives or the deceased,difficulties in exercising designated rights related to deceased persons'personal information,and unclear statutory rules for exercising these rights.To address these challenges,it is advisable to return to the fundamental essence of right protection,grounding it in the protection of deceased persons'personality rights.For improving the designated exercise of rights related to deceased persons'personal information,the following measures are proposed:first,establishing the priority of designated exercise of rights over statutory exercise;second,clarifying that natural persons can arrange for any designated person,not limited to close relatives,to exercise rights related to their personal information after death;third,allowing natural persons to designate specific categories of personal information for right exercise;and fourth,permitting natural persons to specify the exact rights their designated executors may exercise after their death.Regarding the improvement of statutory rules,the proposals include:first,clarifying that protection begins at the time of death,automatically entering statutory protection mechanisms in the absence of pre-death arrangements;second,establishing a clear order of priority among close relatives as statutory executors;third,defining the scope of personal information rights under statutory execution;and fourth,specifying that other close relatives should exercise rights when conflicts exist between executors and infringers.
deceased personpersonal information rightpersonality interests
万方数据
维普
