Post-mortem privacy 2.0: Theory, law and technology

Harbinja, Edina (2017). Post-mortem privacy 2.0: Theory, law and technology. International Review of Law, Computers and Technology, 31 (1), pp. 26-42.

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).

Publication DOI: https://doi.org/10.1080/13600869.2017.1275116
Divisions: Aston Business School
Additional Information: © 2017 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way
Uncontrolled Keywords: post-mortem privacy,Theory,autonomy,technology,testamentary freedom
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Related URLs: https://www.tan ... 69.2017.1275116 (Publisher URL)
Published Online Date: 2017-02-22
Authors: Harbinja, Edina ( 0000-0003-2779-8959)

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