The rapid development of information and communication technologies, increasing performance, relatively inexpensive tools, high availability broadband networks and constant growth rates are constantly marked. digitally use in our daily lives. The confidentiality of data through the beginning of the global network has been completely open to the principle of "Open Access", based on the development of the democratization of the web and the current world of content.
The Internet and social networking has undergone a profound change in the habits, behaviors and attitudes of Internet users in a few years. Since childhood is very confidential, the Web is used every day, corporations, individuals, governments and even banditry every day. It is a transposition that is happening in people's lives.
Now Web 3.0 or the semantic web is defined by Tim Bernerslee, "a data network that can directly and indirectly directly and indirectly make machines to create new knowledge": large data. The crossroads between the physical universe and the digital universe bring things or an internet thing to the internet, where those who store the mines are capable of learning and learning. Enrich their information creatures. For example, a connected refrigerator may know that certain foods are lacking and with the owner's permission to enter, market, order, pay and arrange a merchandise.
As a result, the user has left their entire life on the web, personal information related to their personal identification data or related data and, in particular, the information related to their person; biography, interests, consumption habits, frequencies, hobbies, friends, his productions and intellectual works, in short, his entire life.
There is a wide range of information on each user, that is, the cloud (cloud) that is currently stored on the Internet, stored in data centers, but for commercial and legal purposes necessary for rebuilding, military, police.
What happens after death?
This question means that the notion of "digital death" is a legal dimension, but also a social one. Nowadays, the dead still remain in social networks numerically; Facebook, twitter, Instagram, email and other accounts are open and invite guests to remember the birthday contacts of the deceased and happy birthday. Professional networks such as Linkedin, Viadéo do the same for congratulating their birthday professionals' anniversary. Some e-mail configured servers, however, automatically send messages (for example, automatic receipt or temporary disclaimer); advertisers offer advertisements, etc. We are talking about digital immortality or a virtual eternity of the person.
All of the information described above and many others give the user a chance to commercialize digital inheritance frequently. It should be noted that the economic model of apparent free platforms (Facebook, Google, Instagram, Twitter, etc.) basically sell these data to advertisers, insurance companies, bankers and others. The digital heritage of the user includes all its documents in their original digital format or digitalization process (texts, audio, mobile and mobile, videos, databases, software, patents …). , etc.), stored on the web and have a specific, emotional market.
Only current state of current legislation, opening of these accounts, open to the e-mail or the social network of the Internet provides exclusive personal rights of the author. It is a respect for private life and, therefore, it protects personal data. With regard to these data, personally, personally, family members or friends can not access without authorization.
The right to a digital death
In France 2016-1321 Law On October 7, 2016, "Digital Republic for a Digital" proposed by "Digital Republic for Digital", Axelle Lemaire offers a "digital death" framework. It is as follows: "Anyone can define the retention, elimination and retrospective of personal data". Although this law allows a third party digital certificate of the National Computer and Freedom Digital Certificate (CNIL), it allows some analysts to "recognize the reciprocity of inheritance law and the personalized rights of the person's personal data".
Of course, there is a patent law and it can not fill out the general use of websites and other confidentiality engagements. If necessary, in the case of death properly named, close accounts and delete data? Can they transfer the inheritance potential to their own use? Is there a responsibility against the confidentiality offense against the wishes of the deceased?
What solution should be taken into account?
Some views that use the web giant.
The giants of the web have different insights on the post mortality data of their offspring after the evidence of the mortality of the interested party giving them material material and justifying their relationship.
Twitter : Allows relatives to request a closing funeral account. The completed form must be sent to the San Frantzisko residence.
Facebook : Defends the "memorial" state of the deceased users. The profile is still active and only Facebook friends can access, as most features are inaccessible.
Google : The Inactive Account Manager recommends the device. The principle is a "non-active account manager" defined by the user and manages all the data related to its Google account and related services (YouTube, Gmail, Google Drive, Google+, etc.). account is not active depending on the parameters specified. There are two solutions available: we close the account from death, or we request that your personal data be transmitted to the family members previously or formerly.
Without a doubt, there is a General Regulation on European Data Protection (RGPD), which allows anyone to access the right, right to forget, the right to retirement and the right to data. This law is solely for companies managing European personal data.
To see the postmemorial security of digital data, death or possible relatives or our simple and simple "digital burial", after physical death, as a result of the death of our alternative digital data management. . As another option, the systematic willingness of the notary to handle inevitably leads us. Sylvain Aubert Edeneo believes: "The solution to digital identifiers can not be found in the digital world, because there are significant risks to hackers in the presence of websites and identity theft, it must be reported," he stressed.
Mor Ndiaye Mbaye
Managing Director of FDSUT / ARTP