Digital Death: What Happens to Our Data After We Die?

In the digital age, our lives are increasingly present online, through social networks, bank accounts, streaming platforms and messaging. But what happens when we disappear? Who manages this data and how? This article explores the issue of digital death and possible solutions for managing the digital legacy of a deceased person.

What is digital death?

Digital death refers to the persistence of digital traces after an individual’s death. In other words, it is all the data left behind, whether it is photos, videos, publications, emails or online accounts. Unlike material goods, this data does not disappear automatically and requires specific management.

In 2016, the CNIL (National Commission for Information Technology and Civil Liberties) declared: " Every day, nearly 8,000 people registered on Facebook die around the world."

How to manage digital accounts after a death?

Delete the deceased's accounts

Some families choose to permanently erase the deceased's digital traces to prevent fraudulent use or simply for privacy reasons. Most platforms offer procedures for closing an account after a death.

Keeping digital accounts and memories

Others prefer to keep online profiles as a memorial, allowing loved ones to gather and share memories. Some platforms, such as Facebook, allow you to turn an account into a “memorial account.”

A personal choice

There is no one-size-fits-all solution. If the deceased has not left instructions, the decision is up to the family, who must weigh the pros and cons of each option.

Right to image and personal data after death

What does the law say?

Right to the image of the deceased

Unlike property rights, the right to one's image expires with the person. However, relatives may object to improper use of the deceased's image by invoking an attack on the memory or respect due to the deceased.

• ✔ Article 9 of the Civil Code : protects the right to privacy, including the right to one's image. After death, the family can take action if a publication violates the dignity of the deceased.
• ✔ Article 226-1 of the Penal Code : punishes the dissemination of images taken in a private setting without authorization.

Personal data of the deceased

In France, the protection of personal data post-mortem is governed by:

• ✔ Article 85 of the General Data Protection Regulation (GDPR) : allows Member States to define the rules on the fate of data after death.
• ✔ Article 40-1 of the Data Protection Act :
  • Any person may, during their lifetime, define guidelines on the retention, deletion and communication of their personal data after their death.
    
  • In the absence of instructions, heirs may request deletion of data or limited access to it under certain conditions.

Protecting your image after death

To preserve your image post-mortem, it is advisable to:

• ✔ Leave clear guidelines on the use of your photos and videos.
• ✔ Designate a loved one responsible for ensuring these wishes are respected.

Anticipating and managing digital death in the absence of guidelines

It is possible to anticipate the management of one's digital legacy by implementing certain measures. Some platforms, such as Google or Apple, offer the possibility of designating a legatee contact who will be able to access the data after death. A digital will can also be drawn up to specify the list of accounts to close, access to give to loved ones, or posthumous messages to send. In addition, specialized companies offer digital data management services after death, guaranteeing their deletion or transmission according to the wishes of the deceased.

However, when the deceased has not left any instructions, the family must take charge of managing digital accounts. This task can be complex, as each platform has its own rules. It is therefore advisable to find out about the specific procedures and start the process quickly to avoid identity theft or hacking.

Useful links

Managing social media after death:

• ✔ Facebook : Report the death of a user or a Facebook account that needs to be memorialized
• ✔ Instagram : Report a deceased person's account on Instagram
• ✔ X : How to contact X about a deceased family member's account
• ✔ LinkedIn : Memorialize or close a deceased member's profile
• ✔ Tik Tok : Does not allow heirs to request account closure and supports management of inactive profiles

Managing mailboxes after death:

• ✔ Google : Submit a request regarding a deceased user's account
• ✔ Microsoft : Access to Outlook.com, OneDrive and other Microsoft services upon death
• ✔ Orange : Contract: report a death
• ✔ Yahoo : Options available upon the death of a Yahoo Account holder
• ✔ La Poste : How to manage the account of a deceased person

Conclusion

Digital death is a major issue in our connected era. Our data does not disappear with us, and its management after our death deserves to be anticipated to relieve our loved ones. Whether it is to protect privacy, avoid abuse or preserve a digital memory, it is essential to express your wishes during your lifetime. By planning our digital legacy today, we help preserve our digital identity and make things easier for those who will survive us.