Data After Death: Legal Consequences of Posthumous Data Management

Abstract

This research examines the legal and emotional implications of managing digital data after death. The current framework lacks clear guidelines, leading to privacy concerns, emotional distress for families, and legal ambiguities. The study proposes that the deceased must have control over the fate of their digital data after death, and accordingly, recommends that every data fiduciary be required to solicit explicit instructions from the data principal at the time of account creation regarding the management of their data post-mortem. This approach would empower individuals to dictate their digital legacies, ensuring respect for their autonomy and preferences.