Does the EU Data Protection Regime Protect Post-Mortem Privacy and What Could Be The Potential Alternatives?

Post-mortem privacy and informational self-determination

“…This pertains to especially moral rights of authors. Countries with a civil-law tradition appear to be more inclined to recognize the persistence of similar rights after death (Harbinja 2013). This is prominently so in Germany where the Grundgesetz (GG) is most outspoken in the defense of the inviolability of human dignity.…”

“…In the English common law system, there is a long recognized principle of actio personalis moritur cum persona: personal causes of actions die with the person, such as defamation claims (Harbinja 2013). This pertains to especially moral rights of authors.…”

Emails and death: Legal issues surrounding post-mortem transmission of emails

“…This regime is human rights-based and embeds values such as dignity, autonomy, control and respect for personhood. In the European legal doctrine and jurisprudence as well, it has been long established that the data protection regime is based on human rights (the ECHR and the European Charter of fundamental rights) and propertisation and commodification of personal data is not an option in any of the EU member states, including the post-Brexit UK (Harbinja, 2013;Harbinja, 2017;Pearce, 2018). Consequently, there can be no succession or bequeathing of one's data, as stricto sensu, only property can be passed onto one's next of kin and heirs (Harbinja, 2017).…”

Timing the Right to Be Forgotten: A Study into “Time” as a Factor in Deciding About Retention or Erasure of Data

“…Hence it comes as no surprise that, according to the draft EU Regulation, RTBF shall not apply to the extent that processing of the personal data is necessary for historical, statistical and scientific purposes. 68 In the age of Facebook profiles, avatars and Internet archives this fading of personal nature is less and less obvious, and the questions of post-mortem privacy has become a growing research area, see for example Harbinja 2013 andEdwards andHarbinja 2013. 69 See the declaration of the Association of French Archivists 2013.…”