14-008 · EVIDENCE A · SOURCE-SENSITIVE

You have the right to view, copy, correct, and delete your personal information; if refused, you can sue.

你有权查看、复制、更正和删除自己的个人信息,被拒绝可以起诉

Source cost

There is no cost involved. Only if the company drags its feet do you need to file a complaint or sue. A lawsuit typically takes several months to resolve, and you must pay legal fees yourself. Therefore, filing a complaint first is the more cost-effective option. The difficult part is having to repeatedly follow up when the company delays action.

Source return

You have the right to demand that a company let you view, copy, correct, and delete your personal information. When a service is discontinued, its retention period expires, or you withdraw consent, the company is obligated to delete that data on its own. If it refuses your request, it must provide a valid reason; otherwise, you can take it to court. Deactivating an account and deleting personal information are two separate actions — after deactivating, you must separately request deletion.

Evidence grade

A

THE LOW-ROI DETOURSatire, not advice

Move “You have the right to view, copy, correct, and delete your personal information; if refused, you can sue.” to Future Me's calendar

The excuse

I can spend longer deciding whether to start than the small action would take.

What feels good now

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

What the source says

The source summarizes the return this way: “You have the right to demand that a company let you view, copy, correct, and delete your personal information. When a service is discontinued, its retention period expires, or you withdraw consent, the company is obligated to delete that data on its own. If it refuses your request, it must provide a valid reason; otherwise, you can take it to court. Deactivating an account and deleting personal information are two separate actions — after deactivating, you must separately request deletion.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.

THE ENGLISH EDITION

Original recommendation and evidence

Source commit a994b6a0c905

8. You have the right to view, copy, correct, and delete your personal information; if refused, you can sue.

Cost: There is no cost involved. Only if the company drags its feet do you need to file a complaint or sue. A lawsuit typically takes several months to resolve, and you must pay legal fees yourself. Therefore, filing a complaint first is the more cost-effective option. The difficult part is having to repeatedly follow up when the company delays action.

In plain terms: You have the right to demand that a company let you view, copy, correct, and delete your personal information. When a service is discontinued, its retention period expires, or you withdraw consent, the company is obligated to delete that data on its own. If it refuses your request, it must provide a valid reason; otherwise, you can take it to court. Deactivating an account and deleting personal information are two separate actions — after deactivating, you must separately request deletion.

Benefit: There are several situations in which a company must proactively delete personal information: when a service is discontinued, when the agreed retention period ends, when you withdraw consent, or when the original purpose of data collection has been fulfilled. If it fails to do so, you can demand deletion. Should it deny your rights without justification, you may file a lawsuit.

Evidence grade: A

Notes: Deactivating an account and deleting personal information are distinct processes; after deactivating, you must separately request deletion. Before switching phones or selling an old device, make sure to log out of all accounts, unlink them, and then perform a factory reset. The law grants you a right to deletion after the fact — it cannot retrieve data that has already been leaked.

Sources: National People's Congress Standing Committee (2021). Personal Information Protection Law. China National People's Congress Network. <http://www.npc.gov.cn/npc/c2/c30834/202108/t20210820_313088.html>: Article 45 "Individuals have the right to consult and copy their personal information from personal information processors... Individuals request access, If the personal information is copied, the personal information processor shall provide it in a timely manner"; Article 46 Right of Correction and Supplement; Article 47 lists five situations in which deletion should be voluntary, including "(1) The processing purpose has been achieved, cannot be achieved or is no longer necessary to achieve the processing purpose" (2) The personal information processor stops providing products or services, or the retention period has expired" (3) The individual withdraws consent", "If the personal information processor has not deleted it, the individual has the right to request deletion"; Article 50 "Personal information processors should establish a convenient mechanism for accepting and processing applications for individuals to exercise their rights. If they refuse an individual's request to exercise their rights, they should explain the reasons." "Individuals may file lawsuits in the People's Court in accordance with the law."

Read the complete Chinese source and notes

8. 你有权查看、复制、更正和删除自己的个人信息,被拒绝可以起诉

成本: 不花钱。只有对方拖着不办,才需要去投诉或者起诉。真打官司就是几个月起步,律师费还要自己出,所以先投诉更划算。难的是对方拖着的时候得反复去催。

说人话: 你有权要求企业让你查看、复制、更正和删除自己的信息。服务停了、保存期限到了、你撤回同意的,企业本来就该自己删掉。它拒绝你,必须说明理由;不办,你可以直接去法院告它。注销账号和删除信息是两件事,注销之后还要另外提删除。

收益: 有几种情形企业应当主动删除:服务停了、约定的保存期限到了、你撤回同意、当初收集的目的已经达到等等。它没删,你可以要求它删。它拒绝你行使这些权利的,必须说明理由。你可以直接向法院起诉

证据等级: A

来源: 全国人大常委会 (2021). 个人信息保护法. 中国人大网. <http://www.npc.gov.cn/npc/c2/c30834/202108/t20210820_313088.html>:第四十五条「个人有权向个人信息处理者查阅、复制其个人信息……个人请求查阅、复制其个人信息的,个人信息处理者应当及时提供」;第四十六条更正、补充权;第四十七条列了五种应当主动删除的情形,含「(一)处理目的已实现、无法实现或者为实现处理目的不再必要」「(二)个人信息处理者停止提供产品或者服务,或者保存期限已届满」「(三)个人撤回同意」,「个人信息处理者未删除的,个人有权请求删除」;第五十条「个人信息处理者应当建立便捷的个人行使权利的申请受理和处理机制。拒绝个人行使权利的请求的,应当说明理由」「个人可以依法向人民法院提起诉讼」

备注: 注销账号和删除个人信息是两件事,注销之后还要单独提出删除。换手机或者卖旧手机之前,先在旧手机上把所有账号退出、解除绑定,再恢复出厂设置。法律给你的是事后的删除权,它不能替你把已经泄露出去的东西收回来。

Author's scope notes: 注销账号和删除个人信息是两件事,注销之后还要单独提出删除。换手机或者卖旧手机之前,先在旧手机上把所有账号退出、解除绑定,再恢复出厂设置。法律给你的是事后的删除权,它不能替你把已经泄露出去的东西收回来。

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Original content by eternity4719 under CC BY 4.0. English translation is credited in the source notes. HowToLiveWorse adds a clearly labeled satirical response.

Full source and adaptation notes