An individual has the right to know and make decisions on the processing of his/her personal information, and the right to restrict or refuse others to process his/her personal information, unless otherwise provided for by laws and administrative regulations.
Category: Rights of Individuals
Article 45
An individual is entitled to consult or copy his/her personal information from a personal information processor, except for the circumstances as prescribed in Paragraph 1 of Article 18 and Article 35 herein.
Where an individual requests to consult or copy his/her personal information, the personal information processor shall provide such information in a timely manner.
Where an individual requests to transfer his/her personal information to a personal information processor designated by him/her, the personal information processor shall provide the means for such transfer if the conditions prescribed by the State cyberspace administration are met.
Article 46
Where an individual finds that his/her personal information is inaccurate or incomplete, he/she is entitled to request the personal information processor to make corrections or supplements.
Where an individual requests for corrections or supplements to his/her personal information, the personal information processor shall make verification and make corrections or supplements to such information in a timely manner.
Article 47
Under any of the following circumstances, a personal information processor shall delete personal information on its own initiative; if the personal information processor has not deleted it, the individual concerned shall have the right to request deletion:
(I) where the purpose of processing has been achieved, unable to achieve, or is no longer necessary to achieve;
(II) where the personal information processor stops providing products or services, or the agreed storage period has expired;
(III) where the individual withdraws his/her consent;
(IV) where the personal information processor processes personal information in violation of laws, administrative regulations, or the agreement; or
(V) any other circumstance as prescribed by laws and administrative regulations.
Where the storage period as prescribed by laws and administrative regulations does not expire, or the deletion of personal information is difficult to be realized technically, the personal information processor shall stop processing personal information other than storage and taking necessary security measures.
Article 48
An individual is entitled to request the personal information processor to explain the rules on the processing of personal information.
Article 49
In the event of the death of a natural person, his/her near relatives may, for their own lawful and legitimate interests, exercise the rights of consulting, copying, correcting, and deleting the relevant personal information of the deceased as prescribed in this Chapter, unless the deceased had otherwise arranged before his/her death.
Article 50
A personal information processor shall establish a convenient mechanism for accepting and processing applications for exercising personal rights by individuals. Where an individual’s request for exercising personal rights is rejected, the reasons shall be stated.
Where the personal information processor refuses an individual’s request to exercise his rights, the individual may bring a lawsuit in a people’s court according to law.