Abstract: The right to rectify personal information, as a personality right claim, embodies the positive spirit of individual participation in the processing of personal information. Its rule structure comprises two key aspects: the rules for the establishment of the right and the rules for the exercise of the right. The establishment of the right to rectify personal information is predicated on the existence of erroneous information (in a broad sense) and correct information; however, it does not require proof of fault. Additionally, this right is subject to an exception test based on interest balancing. In this context, a special defense argument is that the cost of rectification significantly outweighs the benefits, and the mere discontinuation of the control over erroneous personal information does not negate the establishment of this right. Regarding the rules for exercising the right, individuals must provide evidence for the factual basis of the establishment of the right and for the eligibility of the parties involved. The personal information processor bears the burden of proof regarding defense arguments and must adhere to a preliminary evidence standard to verify materials and respond in a timely manner. Additionally, the personal information processor may have obligations to cease non-storage actions and to mark disputed information, while its rectification obligation generally extends only to the erroneous information asserted by the individual and its direct copies. As a novel right, the right to rectify personal information can still be integrated into the broader categories of defensive claims and civil liability. 

Keywords: right to rectify personal information; personality right claim; rules for establishment; rules for exercise; systematic positioning 

Author: XIAO Xin, associate research fellow, CASS Institute of Law; associate professor, Law School of the University of CASS;

Source: 2(2025) Modern Law Science.