Digital Assets
Facebook, Twitter, Google and Yahoo! – like it or not these names, or at least the media tools they represent, are here to stay. Such tools increasingly form part of many people’s daily lives and dictate the means by which we communicate and transact with each other.
Dealing with digital media after death is still a new concept. Most internet service providers (ISPs) rely on data protection and privacy laws to prevent release of passwords or transfer of material to third parties. However, in the UK, data protection legislation only applies to living individuals. Therefore, practice varies between different organisations and tends to be dealt with on a case-by-case basis, with no uniform approach.
Under English law, copyright in emails, other writings and photos, as with other personal possessions, forms part of the estate of a deceased individual. Therefore, the ownership of this information should pass to executors and personal administrators.
However, while copyright laws may be clear, there’s little use in having the right to information without the ability and the relevant passwords to access it. This is where the real problem lies.
Most people owning physical assets, such as bank accounts, investments or property, know they should make a will to deal with these on death. However, despite this, around two thirds of the adult population still don’t have a will. Even when individuals have addressed this practical step, giving consideration to how the law deals with assets held in cyberspace has yet to become standard practice in the world of will drafting.
Reported in the Solicitors Journal 7th May 2010
