Whose Digital Legacy Is It? Legal Battles Over Inheritance Rights
Assets behind passwords, can they be inherited after death?
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These days, even after a person passes away, their "digital traces" do not disappear. Email accounts, cloud photos, social media accounts, cryptocurrency wallets—assets left in the digital space are being recognized as a new form of inheritance. I was reminded of the topic of "digital legacy inheritance" when I heard a story from an acquaintance about how a bereaved family had to go through months of legal procedures to access the deceased’s Google account. Can digital legacy be inherited? In this post, we will delve into the legal issues and precedents surrounding it.
Table of Contents
Concept and Scope of Digital Legacy
Digital Legacy refers to the online assets created or owned by a person during their lifetime. This includes email accounts, photos and documents in cloud storage, social media posts, YouTube content, online game items, and even cryptocurrency wallets. In the past, wealth was primarily thought of as physical assets, but now, digital assets that persist even after death have become a point of conflict or inheritance issues within families.
Real-life Legal Case: Family vs Platform
| Case | Details |
|---|---|
| German Facebook Ruling (2018) | After the death of their daughter, her parents attempted to inherit her Facebook messages, but were blocked by Facebook’s privacy policy. The German Federal Court ruled in favor of the family, stating that "digital assets are also subject to inheritance". |
| Korean Google Email Case | Parents of a young man who committed suicide requested access to his Google account. Google refused, citing privacy protection, and the legal standards in Korea are still insufficient, causing ongoing controversy. |
Comparison of Related Laws Domestically and Abroad
Legal standards for digital legacy vary by country. In Korea, there is no clear law on whether digital assets can be treated as inheritance, and they are mostly handled according to the platform's terms of service. In contrast, some U.S. states have enacted the RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) to grant legal inheritance rights, while Europe, under the GDPR, has started to recognize limited access for survivors.
- Korea: No clear law regarding digital legacy, treated based on Civil Code inheritance regulations
- U.S.: Some states legally define the inheritance of digital assets
- Germany: Case law exists granting access to digital assets as part of the estate
Conflict Between Privacy Protection and Inheritance Rights
The most sensitive issue in digital legacy inheritance is privacy protection. Online accounts of the deceased may contain sensitive personal information, conversations, and financial details, so unauthorized access by family members could lead to privacy violations. As a result, platforms typically maintain a policy of protecting account information unless there is proof of the deceased’s consent.
| Issue | Overview |
|---|---|
| Rights of Survivors | The right to inherit and commemorate the deceased’s assets and records |
| Rights of the Deceased | Protection of privacy and preventing unauthorized access before death |
| Platform’s Position | Maintaining account security, no access without legal request |
Platform Digital Legacy Policies
Some global platforms have created specific policies for managing deceased users' accounts. Services have emerged allowing users to set up a will or designate a legacy manager, and some platforms offer limited access to accounts after death.
- Facebook: Option to convert to a ‘memorialized account’, ability to designate a legacy contact
- Google: ‘Inactive Account Manager’ allows users to designate a representative
- Apple: ‘Legacy Contact’ provided for accessing deceased user accounts
How to Prepare for Digital Legacy
Going forward, it will become important to manage digital legacy while still alive. Organizing accounts through password management apps, backing up important accounts, transferring them to trusted family members, and specifying digital assets in a will are all ways to prepare.
- Use of digital legacy management services (e.g., Everplans, SafeBeyond)
- Pre-death organization and backup of cloud and social media accounts
- Specify cryptocurrency wallet keys in a separate will
Frequently Asked Questions (FAQ)
In some countries, digital assets are included in inheritance, but in Korea, the law is unclear, and interpretation remains a matter of debate.
If the private key to the wallet is unknown, no one can access it. Therefore, it’s crucial to share the key securely through a will or another trustworthy method.
Without specific posthumous settings, it is difficult. It’s advisable to use platform-provided digital legacy management features.
Legal interpretations can vary depending on complex disputes or types of assets, so it’s advisable to consult a legal expert before or after writing a will.
Some platforms, such as Facebook and Instagram, allow users to convert accounts into ‘memorialized accounts’ to preserve them.
Organize accounts, write a will, use platform-provided posthumous account management features, and ensure important information is stored and shared securely.
Conclusion & Tags
Digital legacy has become a real legal and social issue. The way we manage our digital traces during life and the meaning it will have for our families after death is something we all need to consider. As I prepared this post, I started organizing my cloud photos and noting how I’d like to leave important accounts. With technology advancing, the traces we leave behind are more numerous. Let’s remember that these traces may one day become someone’s legacy and make a habit of preparing for it.
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