Who Inherits a Facebook Account?
Where a user of online accounts passes away, demands by the user’s relatives for access to the user’s photographs and private messages are denied more often than not.
The use of online platforms such as Facebook or Google requires a robust discussion of the (increasingly more relevant) issue of access to personal data stored in online accounts where the account holder has passed away. The managers of online accounts are (invoking US legislation) namely denying access to personal data of the deceased (which includes mainly personal messages, photographs and financial data) to their loved ones. It seems as though the times when we could freely access the photographs of our deceased loved ones simply by opening old boxes in the attic are behind us.
How can one access photographs (and other online data) of deceased relatives?
The simplest option is for the person to already determine the place of storage of his or her online passwords when he or she is still alive (this may also be done through various apps that facilitate the automatic transfer of passwords to the beneficiaries). Providing relatives with access to certain account data is possible also directly through specific online account providers (e.g. Facebook has the option of assigning a legacy contact), although this usually does not allow for access to the entire account content.
In order to gain access to all online data of deceased relatives most providers require the submission of a request on a special form, to which one must enclose the official death certificate of the deceased and the substantiation of the demand for data disclosure. In order to disclose personal data, online providers mainly require the account holder’s direct and express permission. As relatives are usually not in possession of such permission, access to personal data on online accounts is in practice possible only through court orders.
The relevant case law is currently limited to American courts of law only. However, given that these issues will arise in Slovenia as well, it would be worth considering whether or not to, apart from the statement of bank account numbers and car chassis numbers (which we usually state precisely due to the formalities connected with transfers), include online accounts of the deceased in court decisions regarding inheritance.
The October issue of Legal BUZZ focuses on the anticipated change of the Consumer Credit Act, which could impose stricter procedures for evaluating the creditworthiness of the creditors. Moreover, we focus on the new EU Trade Secrets Directive that entered into force on 5 July 2016 and brought changes regarding the protection of trade secrets. We round this issue off with the article on the inheritance of social media accounts, which can be of interest especially for Facebook users.
