Whether we like it or not, more and more of the interactions and exchanges we have with our family, our friends and our colleagues take place via social media. Many of us have social media accounts with Facebook, Instagram, Twitter and LinkedIn and over time as we upload, post, tweet, share, like and comment, we accumulate vast amounts of digital information in these accounts, and we leave behind a unique “digital footprint” – a record of our online activity.
So what happens to these accounts and the information they contain (our “fingerprint”) when we die?
A long German court case on this topic, involving the parents of a 15-year-old girl killed by a train in 2012, reached the Federal Supreme Court for the second time in late summer 2020. The case concerned whether a social media account, and all communication content it contains, can be passed on to the user’s heirs and how access to the account should be granted.
The Court decided that the user agreement between the plaintiff’s daughter and Facebook was part of the estate and would pass to the heirs by way of universal succession; its hereditary character was not excluded by contractual provisions. Facebook was forced to grant full access to the girl’s account in the same way the girl had previously been granted access. Although this case took place outside of this jurisdiction, it highlights the importance of our digital footprint and planning for what will happen to it after we die.
It should be noted, however, that each social media platform has slightly different rules and policies. What each platform does with accounts when its users die varies and often depends on the wishes of the user and/or their immediate family. You may have special wishes regarding your digital assets; you may want some information erased and some retained, some accounts closed, and some memorized. It’s important to think about your own wishes, familiarize yourself with each platform’s policies, and then take appropriate action, including giving instructions to loved ones.
Following the above-mentioned case, Facebook has changed its terms and conditions and now allows you to designate a “legacy contact”, such as a family member or friend, who can take care of your memorial account or choose to have your account permanently deleted. Facebook will save a user’s account if it discovers or is informed that the user has died. Accounts that do not have an inherited contact cannot be managed or edited after they are remembered.
A memorial Facebook account will display the word “Remembering” in front of the user’s name on the profile and, depending on privacy settings, may allow friends to share memories and tributes on the memorial timeline.
A former contact can accept friend requests on behalf of a memorial account, pin a tribute post to the profile, and change the profile photo and cover photo. If the memorial account has an area for tributes, a legacy contact will be able to decide who can view and post tributes. A legacy contact cannot log into the account to view private messages or delete past posts, photos, or friends.
You can also choose to permanently delete your account in the event of your death. This means that when someone notifies Facebook of your passing, all of your messages, photos, posts, comments, reactions, and information will be immediately and permanently deleted.
Instagram does not have the legacy contact feature but, like Facebook, accounts can either be memorialized or deleted at the request of an immediate family member or personal representative i.e. a executor.
An immediate family member or personal representative of a deceased Twitter user can request account deactivation.
from Twitter Terms of use state that you cannot transfer your account to another person (because it is a non-transferable license) and therefore will not provide access to the account to anyone, regardless of their relationship to the deceased.
If you don’t make a plan for your Twitter account, your account will automatically be deleted after 6 months of inactivity. If you want to control what happens to your account, you will either need to plan for it to be deleted or leave instructions for someone on what to do with the account in the event of your death.
LinkedIn also allows immediate family members or personal representatives of a deceased user to request memorialization or account termination.
A memorial LinkedIn account will display a memorial badge as a symbol of remembrance. Account access is locked; it is against LinkedIn policy to allow others to connect to another member’s account.
If you’re considering asking someone for access to your account after you die, keep in mind that sharing your password is a violation of LinkedIn’s User Agreement and grounds for deletion. of your account. It should be remembered that sharing passwords or login information over your lifetime is potentially very risky.
Many of us associate “estate planning” with our other assets such as bank accounts or properties, but digital estate planning is an important, often overlooked aspect. It can be invaluable and extremely useful for the family and friends you leave behind to receive instructions for your accounts, digital assets and social media profiles.
Even if you’re in good health, it’s smart to plan ahead, for the peace of mind of knowing your loved ones will have one less thing to worry about and deal with in an already stressful and upsetting time.
It is important to familiarize yourself with all user agreements for your digital accounts to ensure that your assets and data are protected even after your death.
