Personal Data After the Death of the Data Subject—Exploring Possible Features of a Holistic Approach

2018
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Author: Mark-Oliver Mackenrodt
Published in: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Publisher: Springer Berlin Heidelberg

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Abstract

This paper intends to explore possible features of a holistic approach to the legal treatment of personal data. The paper proceeds in an inductive way. As an exemplary scenario the legal treatment of personal data after the death of the data subject is examined. More specifically, recent cases with regard to heirs demanding access to a social media account and to the personal data therein after the death of the testator are analysed and used as a reference point for discussion. It is examined how property law, intellectual property law, privacy law, the right to personality, the portability provisions, contract law, inheritance law and telecommunications law deal with personal data after the death of the testator. Against this background, shortcomings, common features and possible synergies are identified which might be taken into account for developing a holistic legal approach to personal data.

Notes

Mark-Oliver Mackenrodt, Dr., Dr., LL.M. (NYU), Attorney at Law (New York), is a Senior Researcher at the Max Planck Institute for Innovation and Competition.

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previous chapter Proprietary Rights in Digital Data? Normative Perspectives and Principles of Civil Law

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Title: Personal Data After the Death of the Data Subject—Exploring Possible Features of a Holistic Approach
Author: Mark-Oliver Mackenrodt
Publisher: Springer Berlin Heidelberg
Book: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Print ISBN: 978-3-662-57645-8

Electronic ISBN: 978-3-662-57646-5

Copyright Year: 2018
DOI: https://doi.org/10.1007/978-3-662-57646-5_11

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