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Digital death or virtual infinity: What happens to our data after death?

The confidentiality of data at the beginning of the global network has led to total clarity quickly, thus dedicated to the principle of "Open Access" on the basis of the democratization of access and content of the present world of Net.

The explosion of the Internet and social networks in just a few years has caused great changes in the habits, behaviors and behaviors of internet users. Web, which is extremely secret in infancy, has become a tool that is used daily by companies, individuals, governments and even bandits! What is happening in people's life is the home of the transfer.

We are now talking about web 3.0 or semantic web defined by Tim Bernerslee: web a data network that can be processed directly or indirectly by machines to help users create new information ers: big data. It dedicates the intersection between the physical universe and the digital universe to make the Internet of things or the Internet of things; enrichment of information stocks. For example, a connected refrigerator may know that it lacks some food and that it is allowed to enter a merchant site, shop, order, pay, and organize the delivery of goods with the permission of the owner.

As a result, the user remains on the web throughout his or her life, personal data or personal data referring to any data relating to him / her, and in particular, any information relating to his or her own person; his biography, interests, consumption habits, frequent places of residence, hobbies, friends, productions and intellectual work, in short, his entire life.

Purple Ndiaye Mbaye

This rich information about each user is now spread over the Internet to talk in the cloud (cloud), which is stored in data centers, but can be easily diluted for commercial, legal purposes. Military, police.

What happens to this information after death?

It is the result of this question of the birth of the notion of ”digital death olan, which is a legal dimension but also social. Today, the dead continue to exist numerically in social networks; facebook, twitter, Instagram, email and other accounts remain open and will remind you of the birthday of the deceased and invite them to wish you happy birthday. Professional networks like Linkedin, Viadéo, do the same to congratulate them for their n-th professional anniversaries; some configured e-mail servers send automatic messages accordingly (eg, automatic acknowledgment or notification of a temporary absence); Advertisers send even advertising offers. We are talking about a digital immortality or the virtual infinity of the individual.

Digital inheritance

It adds that all the information described above and many others offer the user a marketable digital inheritance at any time. It should be noted that the economic model of apparently free platforms (Facebook, Google, Instagram, Twitter, etc.) is essentially the sale of these data to advertisers, insurers, bankers and others. This digital legacy of the user includes all available documents in the original digital format or digitization process (text, sound, fixed and moving images, videos, databases, software, patents). stored in the web and having a specific market or emotional value etc.

Only in the current state of the legislation in force, the opening of these accounts, the courier or a social network on the Internet, the author gives the exclusive personal rights. He has the right to respect for his private life and thus to protect his personal information. Since these data are inherently personal and personal, family members or friends cannot access without their permission.

Right to digital death

In the French Law No. 2016-1321 of 7 October 2016, proposed by the Secretary of State of the US Secretary of State, a framework for -1 digital death ”stipulates the following: eri Anyone can define. instructions for storing, deleting and transmitting personal data after death. This law allows the Commission to appoint a digitally trusted third party approved by the Nationale Informatique et Liberté (CNIL), but, according to some analysts, "the withdrawal of inheritance law and the personalization of rights granted to the person on the collected data".

Obviously, there is a legal gap that cannot meet the general terms of use of sites and other privacy commitments proposed in the creation of accounts. Should accounts be closed and data should be deleted in case of appropriately declared death? Transfer them to potential heirs who don't have the same vision? Unlike the wishes of the deceased, there is no risk of confidentiality infringement in case of disclosure?

What are the solutions to consider?

Some approaches used by web giants.

Each of the giants of the web has a different approach by their relatives after providing the elements that can justify irreversible material evidence and relationships about the death of their deceased clients' data.

excitement : recommends a form that allows relatives to request the closure of the deceased's account. This completed form should be sent to the headquarters in San Francisco.

Facebook : defends "memorial" status for dead users. Most of the features are made inaccessible because the profile is still active and can only be accessed by your Facebook friends.

Google : Invalid Account Manager recommends the device. The policy is that the user can define the "inactive account manager" and manage all data related to the Google account and all related services (YouTube, Gmail, Google Drive, Google+, etc.). When the account is not active according to predefined parameters. Two solutions are available: either we want to close the account after death, or we request that all personal data be forwarded to one or more predetermined relatives.

There is, of course, the General Data Protection Regulation (RGPD), which allows anyone to exercise their right to access, the right to be forgotten, the right to withdraw, as well as the portability of their data. This law is applicable only to companies that manage the personal data of European citizens.

As far as we can see the safety of the post-mortem transmission of your digital data, it is highly desirable to the heirs, relatives, or güvenli digital burials ğince as a second digital death, where your digital data will alternate after our physical death. . As another option, we are taking us to the need for the establishment of a systematic will for management, where the notaries are inevitable. As Sylvain Aubert Edeneo thinks: konusunda The solution of digital identifiers cannot be found in the digital world because of the significant risks associated with different websites and identity theft. The notary to be asked, "he insists.

Purple Ndiaye Mbaye

Managing Director FDSUT / ARTP



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