How do I manage the data of people who have died on social networks?
Since 2016, social networks have decided to propose procedures that will only allow to report but also to manage the profile of people who have lost their lives.
According to some estimate made towards the end of 2017, it was stated that 3 Facebook users lost their lives every minute leaving behind, profiles called "ghost profiles". These static profiles can always be fed whenever individuals shared content with the deceased. then the question has been asked several times: what should be done with an online account of a deceased person?
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on the Facebook side, a parade has been proposed that allows swing to a profile called "Remembering." And for that it's just enough for the user over the age of 18, agrees to designate persons as the legatee during his lifetime, legatees who will have the task of managing the page once the person has died. and this has been possible since 2015 because any designated as a legatee informed by message that informs them of the powers and responsibilities conferred on them by the next of kin. and from legatees will be able to animate sections see sections dedicated to the tributes of the deceased. however, we will not only be able to read his old messages, the ability to log into the account.
Moreover, according to the ENEID programme, Eternity whose focus is on digital identities after death and memorial practices on Internet, one page out of four on Facebook is generally affected by this phenomenon, which consists of for relatives, to make changes to the deceased user profile. It's surely for this reason that since 2018, Facebook had allowed parents from the moment the user died, with documents officials in support. that's the only way the social network would have allowed the deletion of the accounts held by the deceased.
For Facebook's Instagram subsidiary, there is a network sharing photos in the goal is to pay tribute to a user, and to report his death through a form that is in English. However, in order to have the right to delete an account, it would be necessary to prove a kinship between the deceased and oneself.
On the twitter side, it's a bit complicated. Indeed, the social network will not provide any information about connections to a person's accounts the kinship that binds them. However, they still allow anyone interested in reporting a user's death and to parents to demand of course the deletion of the account by filling out a form dedicated to this purpose. to supplement its requirements, the social network will require not only the ID of the person requests the removal, but it will also require the death certificate.
But in all this what does the law say?
In practice, the law states that it is possible to consult a notary in the purpose of leaving him instructions along the lines of provisions wills. which will in some cases amount to defining a person trusted third party, who will act as a legatee who will be given access to all the information you need to connect to your different accounts online (i.e. standard login credentials such as the words and email addresses) once you're out of place. Despite this, we must not lure the process will be really complex to recover the accounts deceased relative.
In addition, there is a caveat to the right to be forgotten law. this provision is not applicable only when the user has died. For it is a right that is affiliated with a living person, with legal personality. However, a deceased person no longer has a legal personality, so cannot take advantage of this prerogative. However, the National Commission for Information Technology and Freedoms has been working on the case since 2014 to find a suitable solution to the problem. However, no definitive solution has been found to this problem.
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