It seems that a will and testament is a form of consent. So if we look
at this issue as one of consent, we assume that unless it is expressed
in perpetuity, eg through a last will and testament, that the consent
has not been granted, nor will it ever be.
-Mallory
On 14/09/18 11:49, Grace Bomu via kictanet wrote:
> So what should determine the data should be available to successors? It
> is easy to see how DNA data would be useful for proving kinship or for
> health reasons. But how far should we go? And wouldn't someone else (the
> data processor or controller) still have access to the deceased's data
> anyway?
>
> Il giorno ven 14 set 2018 alle ore 11:10 Alex Comninos via kictanet
> <kictanet@lists.kictanet.or.ke <mailto:kictanet@lists.kictanet.or.ke>>
> ha scritto:
>
> > Data has a personal aspect as well as commercial aspect, among
> others. It is property which upon the demise of the "owner" should
> pass to his/ her estate just as is the case with other assets. The
> "how" of administration of data after death ought to be covered in
> the data law in the making, the law to apply alongside the law of
> succession.
>
> I think its a great idea that data protection laws could enable the
> execution of how private data and personal information is handled
> according to the deceased last will and testament. This should be
> seen in the sense of executing the last will and testament of the
> deceased though, not treating ones data as property.
>
> When I die, there is a LOT of personal information and private
> information I should like to the grave, some of which I would like
> to be shared. I would not like all my private and memories and
> personal memories to become “property” of my next of kin when I am
> dead, solely because they left a digital footprint.
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