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Personal Data After the Death of the Data Subject—Exploring Possible Features of a Holistic Approach

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Mackenrodt,  Mark-Oliver
MPI for Innovation and Competition, Max Planck Society;

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Citation

Mackenrodt, M.-O. (2018). Personal Data After the Death of the Data Subject—Exploring Possible Features of a Holistic Approach. In M. Bakhoum, B. Conde Gallego, M.-O. Mackenrodt, & G. Surblytė-Namavičienė (Eds.), Personal Data in Competition, Consumer Protection and Intellectual Property Law (pp. 273-302). Berlin: Springer.


Cite as: http://hdl.handle.net/21.11116/0000-0002-86A3-E
Abstract
This paper intends to explore possible features of a holistic approach to the legal treatment of personal data. The paper proceeds in an inductive way. As an exemplary scenario the legal treatment of personal data after the death of the data subject is examined. More specifically, recent cases with regard to heirs demanding access to a social media account and to the personal data therein after the death of the testator are analysed and used as a reference point for discussion. It is examined how property law, intellectual property law, privacy law, the right to personality, the portability provisions, contract law, inheritance law and telecommunications law deal with personal data after the death of the testator. Against this background, shortcomings, common features and possible synergies are identified which might be taken into account for developing a holistic legal approach to personal data.