[kictanet] What should happen to personal data when someone dies?

Grace Bomu nmutungu at gmail.com
Fri Sep 14 13:04:09 EAT 2018


True Mallory,wills could be one avenue for consenting to succession of
data.
Our reality however is that majority of the population do not make wills
for cultural and other reasons.

Il giorno ven 14 set 2018 alle ore 12:41 Mallory Knodel via kictanet <
kictanet at lists.kictanet.or.ke> ha scritto:

> 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 at lists.kictanet.or.ke <mailto:kictanet at 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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> > --
> > Grace Mutung'u
> > Skype: gracebomu
> > @Bomu
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>
> --
> Mallory Knodel
> May First/People Link :: mayfirst.org
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> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
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>


-- 
Grace Mutung'u
Skype: gracebomu
@Bomu
PGP ID : 0x33A3450F
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