Construction of the Right to Request Correction of Personal Government Information
In the era of informatization,personal information embodies the dual implications of individual market information and individual government information,conferring both private rights and public rights to individuals in the realm of personal information.With regard to the foundation of rights,the request for correction of government information by individuals constitutes a defensive claim rooted in a negative position.Concerning the structure of rights,the proposer of the right to correct personal information and the determiner of the accuracy of personal information records are,in principle,the individuals themselves.The content of the correction of personal information should distinguish between facts and evaluations.The methods of information correction encompass addition,correction,and deletion,with the criteria for deletion differing from the right to be forgotten,which is based on the subjective standard of personal evaluation.Instead,the deletion standard is based on the objective criterion of whether the facts are accurate.The application for correction of information by individuals does not need to adhere to a presumption of openness;instead,the administrative authority should conduct a review of the openness of information when examining correction applications.In terms of remedies,it is imperative to uphold the presumption of correction applications,differentiate between the review of information recording behavior and administrative actions,and permit courts to render modification judgments when information recording is evidently inaccurate.
personal information protectiongovernment information disclosurepublic rightsAct on the Protection of Personal Information Held by Administrative Organs of Japan
万方数据
维普
