Post-mortem Privacy 2.0: Theory, law and technology

Edina Harbinja

Research output: Contribution to journalArticlepeer-review

12 Citations (Scopus)
186 Downloads (Pure)

Abstract

This paper builds on the general survey of post-mortem privacy set out in the author’s earlier work. The concept of post-mortem privacy is further developed both at a theoretical level (underpinned by theories of autonomy) and a doctrinal level (considering concepts such as testamentary freedom, and the protection of personal data). Finally, the paper looks at some current developments of technology (tech solutions for the protection of post-mortem privacy) and law/policy (work done by the US Uniform Law Commission on the Uniform Fiduciary Access to Digital Assets Act – UFADAA). The argument is that both of these regulatory modalities provide examples and illustrations of how post-mortem privacy can be recognised practically, especially in the online environment. The paper is, therefore, setting the scene further in this under-explored area, also aiming to set the basis for the author’s subsequent empirical research (attitudes towards post-mortem privacy, quantitative and qualitative).
Original languageEnglish
Pages (from-to)26-42
Number of pages17
JournalInternational Review of Law, Computers & Technology
Volume31
Issue number1
DOIs
Publication statusPublished - 22 Feb 2017

Keywords

  • post-mortem privacy
  • digital assets
  • deceased's data

Fingerprint

Dive into the research topics of 'Post-mortem Privacy 2.0: Theory, law and technology'. Together they form a unique fingerprint.

Cite this