„POSTMORTEM“ ZAŠTITA LIČNIH PODATAKA I DIGITALNO NASLEĐIVANjE

Abstract

The protection of personal data currently represents one of the most debated issues, and a huge number of new reforms in this field have been enacted in the recent years, starting from the European Union's GDPR. The importance of data protection stems from the characteristics of the modern digital economy, where data plays a prominent economic role. Personal information must to be protected as they constitutes a fundamental rights of individuals, as it is recognised by the major charters of fundamental rights. Anyhow, the debate is almost always focused on the protection of personal data of people who are alive. But what happens to the data produced in the digital environment by deceased persons? The topic is at the intersection between data protection and inheritance law, as the control over these data can be ‘passed on’ the deceased person's heirs, especially regarding personal profiles on social media. On this point various solutions have been adopted in different legal systems, and this paper will try to analyse them under a comparative perspective, with the aim of understanding which could be a viable regulatory regime in this field.