Technologies of Digital Reincarnation of Personality in Relation to the Right to «Digital Death»

Abstract

The number of accounts belonging to deceased people is increasing in social networks. At the same time, the law does not regulate the period of its existence. Social networks contain various rules for the existence of accounts after the death of their owners. Some companies already offer digital afterlife. The article offers an analysis of the technologies of digital reincarnation of a person in their relation to the right to «digital death». The potential risks of obtaining unauthorized access to the content of the account are being investigated. The author assesses the inability of the current legislation to protect personal data and intellectual property based on the analysis of international experience. In this situation, the author suggests the inclusion of RUFADAA norms in the Russian legislation on personal data. To protect intellectual property and inheritance, the author proposes to provide for the rights of heirs to a social network profile. Special attention is paid to the discussion about the electronic testament.