Is this a legal issue at all?

It is a fair question, but the answer is a big indisputable YES. The extremist views about the internet as a law-free zone are left behind for years, but the right answers from legislatures to the sensitive issues of the intemperate use of the web are yet to come.

If we focus on our main topic – legal aspects of online data after death – as far as we know there has been only one legal system until know, where the legislative power tried to find answers for these complicated legal and moral questions.

Of course, we can approach it from a theoretical aspect. If we think of the rules of privacy law, we can be lost easily, because the most of the national privacy laws consider personal data as information which can be connected to a natural person. That means after someones death, his or her online data ceases to be personal data and become… What? There is no answer in these laws for this question.

Only the „right of the dead” which is actually the subsistence of the deceased personal rights, and a legal tool for the relatives can help the mourning relatives to defend their lost loved one’s memory against offending comments and other immoral online actions, but it does not mean they have right to get access to the leftover online data, family pictures, unsent messages, etc. This is the Bermuda Triangle of this topic, where there are so less answers, and several uncleared issues.

As far as we know we can find related acts in the legal system of the United States. There are two levels of these acts: federal and on the level of member states. What is the content of these laws, and what is the relationship from the aspect of application? This is what my next post is going to be about.

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