Parents granted right to access deceased daughter's Facebook profile Facebook data should be treated the same as letters or diaries, a court ruled. July 12, 2018 https://www.cnet.com/news/parents-granted-right-to-access-deceased-daughters-facebook-profile/
I guess that makes sense. It's certainly the kindest option, in most cases. However, there ought to be an option for users to force account memorialization after death. In case they don't want heirs to get account ownership. It's not uncommon to keep encrypted diaries, for example. And after I die, none of my stuff will be accessible.
I think unless you make specific provision otherwise, it's up to executors to interpret your wishes AND have control over doing so. Therefore I think FB's position is indefensible from a legal perspective, the account represents an asset which the executors need to be able to control in fulfilling their duties. FB would argue, I suppose, that the person made their wishes clear by accepting their Tos, but that's a very sketchy and self-serving argument given that you have no choice if you use their service. If you leave your stuff encrypted, then I think you've made your wishes clear! I know going through this process, in some cases email and services accounts lived on for a while, because if you always do things formally, any 2-bit institution wants to see original copies of death certificate, plus your birth certificate, DNA of your first-born and all that drivel. All claiming to be anti-money-laundering, but in practice, hanging onto your money with the grim hand of corporate control. It also tends to be necessary if your oldsters lose faculties.
Yeah, I do agree with the German court's opinion on this. I'd just not like Facebook to flip, and always give control to executors. Maybe that's a good default, though. With memorialization and deletion as options.
What happens to your online accounts when you die? The digital entropy of death August 17, 2018 https://www.theregister.co.uk/2018/08/17/digital_entropy_of_death/
