LEGAL


Walking in your digital footsteps


Karl Dembicki, Partner in Buckles Solicitors’ private client department, looks at the legal impact of leaving a digital footprint.


In a world increasingly connected through social media, we are all aware of leaving a ‘digital footprint’. We make the decisions on what information we share via these channels and who can access them. But who takes on this responsibility when we die and what access rights, if any, will our friends and relatives obtain? In the case of Facebook, the


right to appoint a ‘legacy contact’ was introduced in 2015, allowing a trusted individual to administer aspects of a person’s account after their death. This can be done via the Facebook security page or by designating the role in the terms of a will.


While the access to an account


that the role permits is restricted, the ability to choose someone to manage aspects of our online data is an important development. This is partly because the emails, photographs and documents stored digitally frequently have financial as well as sentimental value. For the same reason, limiting the access of a legacy contact is necessary. The access permitted to executors


in terms of dealing with finances and investments is matched by many email services. However, some service providers, such as Yahoo and Twitter, prohibit third party access and effectively terminate the user agreement on death.


The crux of the issue is data


ownership. For example, passing on your iTunes library to a beneficiary is fraught with legal problems. Each song purchased has its own license, under Apple’s terms and conditions, rather than conferring outright ownership. The purchase of a CD does not confer ownership of the music on the disc but, instead, the buyer is free to lend, sell or give away the CD to a third party. While a CD collection can be bequeathed without encountering any legal issues, the same cannot be said for an iTunes account. It’s useful to look to the USA for


indications of where the law regarding digital assets is heading.


The Fiduciary Access to Digital Assets Act allows access to digital assets in the same way as tangible assets, although the majority of States have not adopted the law to date. Through its ‘legacy contact’


initiative, Facebook has possibly shown the way in empowering its users. Their action emphasises the point that, ultimately, we are individually responsible for ensuring that our online data is protected and accessible to others after we die. The best options to guarantee your digital assets are in safe hands would be to provide login details to a trusted person and make specific provision in your will.


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