Post-mortem privacy and the latest GDPR legislative shifts
Post-mortem privacy and the latest GDPR legislative shifts
Author(s): Marta TERLETSKASubject(s): EU-Legislation
Published by: Publishing Inc. European Readings & Prodifmultimedia/Editura Napoca Star
Keywords: EU; post-mortem privacy; posthumous privacy; digital assets; GDPR post-mortem; social media accounts post-mortem;
Summary/Abstract: The decision in the LG Berlin Facebook case caused a fierce debate in the field of digital inheritance and became the first in a number of cases throughout Europe on the issue of access to the accounts of deceased relatives by their heirs. On the contrary, the issue of posthumous privacy, which is inseparably interconnected to a digital succession, has not received such comprehensive research, and is lacking it in the context of the civil legal system, and the EU in particular. This study systematises the knowledge about and the right to decide the fate of the assets by a legal predecessor after no longer being in a position to exercise human autonomy and contextualises it within the framework of recent regulatory developments, namely the implementation of GDPR for the protection of post-mortem data and recent relevant case-laws.Keywords:
Journal: L’Europe Unie
- Issue Year: 20/2023
- Issue No: 20
- Page Range: 44-53
- Page Count: 10
- Language: English