Upon your demise, the fate of your digital footprint is in question: what becomes of your stored data?
In a recent interview, Steve Paulson spoke with Carl Öhman, author of "The Afterlife of Data: What Happens To Your Information When You Die and Why You Should Care." The book sheds light on an increasingly important topic: the management and preservation of digital data after a person's death.
As our lives become more digital, the amount of data we leave behind is staggering. Photos, videos, text threads, financial information – these precious memories and valuable assets are stored on phones, cloud servers, and various online platforms. Yet, the fate of this digital data varies greatly depending on the platform and the user's prior arrangements.
For instance, Apple devices secure data with strong encryption and require a device passcode or biometric unlocking to access after death. iCloud accounts, which may contain photos, texts, and other data, can be managed if the estate has legal access or if Apple's Digital Legacy Contact feature is utilised. Facebook offers a "legacy contact" feature, allowing users to designate someone to manage their memorialized account after death, preserving photos, posts, and messages but disabling login and new posts.
Many other platforms, such as Google, Instagram, Twitter, and more, have digital inheritance or post-mortem management tools. These tools can allow account transfer, data download, or deletion, but access is typically restricted without proper legal or account access preparation.
Financial and cryptocurrency accounts present a unique challenge due to the need for explicit estate planning. Access is often blocked without passwords or private keys, making it crucial to prepare detailed access information to allow for the transfer or closure of these accounts.
Legal frameworks like the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) help balance privacy with fiduciary authority, ensuring that digital assets can be managed appropriately after death.
Given these complexities, it's essential for individuals to take proactive steps to plan for the afterlife of their digital data. This includes inventorying and documenting all digital accounts and assets, using platform-provided legacy contact or account management tools, and including digital assets explicitly in wills, trusts, or powers of attorney.
Storing access credentials securely, backing up important digital data, and consulting estate planning professionals knowledgeable about digital assets and RUFADAA are also crucial steps in creating a comprehensive digital estate plan. Failure to plan can result in digital assets being inaccessible, deleted, or lost, depriving heirs of sentimental memories or financial value.
As more than 1.4 billion iPhone users and over 3 billion Facebook users prepare for the future, understanding the afterlife of digital data and taking steps to ensure its proper management is becoming an essential part of modern estate management. Öhman's book offers valuable insights and a framework for thinking about this issue, making it a must-read for anyone concerned about their digital legacy.
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