Most of us now live two lives, one in our actual world and the other in the virtual. When we die, our physical existence might come to an end, but the virtual presence lingers on. But what happens to all the content we have created online, our online accounts, our virtual transactions? What happens to stuff we have stored in the cloud and, unknowingly, in servers across the globe?
While most major corporates have privacy policies that explain how, and if, the virtual accounts and content can be bequeathed to legal heirs (most digital data will belong to the company), some individuals have already started making 'digital wills'. Supreme Court lawyer and Cyberlaw Asia President Pavan Duggal, who has helped people make digital wills, says, "Normally, people who have digital assets or confidential digital information, which they need to preserve and bequeath beyond their lifetime, are those who go for this option."
But the numbers are still few as there is little awareness about the topic as well as a lack of adequate laws. "We do not have in place any law in India pertaining to digital legacies of people," explains Duggal. "There is the Information Technology Act, 2000, which is applicable to all digital information, data and assets. However, its applicability is excluded to testamentary, disposition and wills. The law pertaining to wills is governed by the Indian Succession Act. We require specific laws in the country pertaining to digital legacies and bequeathing their digital assets to the next of kin."
Online banking is another area where there is data left behind. The banks we contacted did not have a specific answer on what happens to online accounts once the account holder is no more. The Income-Tax Department, however, is one up on them. It has put up a directive clarifying that the legal heir has to file the return in case an assessee expires. "The legal heir (LH) is required to make a request by sending a mail to ask@incometaxindia. gov.in mentioning the name, PAN, date of birth of deceased as well as that of the LH along with scanned attachment of the death certificate of the deceased. On receipt of above, LH would be enabled to file the return of deceased using LH's DSC," says the website.
But what about all the online content we create, our blog posts, pictures we post on Facebook and such stuff? "Just like any other literary content, after the author dies, the economic rights in the work concerned pass on to the legal heirs for another 60 years following the calendar year after the author's death," says Latha R. Nair, Partner at K&S Partners, Intellectual Property Attorneys. The legal heirs of the content creator have the right to the work and royalties, if any. After all, the Internet is just another medium for exploitation of the rights to any creative product.
Blogs, photos, financial accounts
Like all creative products, literary writings, research notes, photographs, etc, that are created online will pass on to the legal heir of the deceased. There is, however, no specific law in India on this, but they are seen as intellectual property and treated likewise. Similarly, legal heirs have the right to access bank accounts and online records with, say, the Income Tax Department. Companies will have first right to stuff lying in official email services and servers.
Facebook
When a user passes away, Facebook gives their friends and relatives the option of memorialising their account to protect privacy. "Memorialising an account sets the account privacy so that only confirmed friends can see the profile (Timeline) or locate it in search. Friends and family can leave posts in remembrance. Memorialising an account also prevents anyone from logging into the account," says the Facebook blog. Facebook does not divulge the login details of the account to anyone, but "verified immediate family members" can request the removal of any Facebook account if they do not want to get it memorialised.
Google
Google says that in rare cases it "may be able to provide the Gmail account content to an authorised representative of the deceased user". But the post on Google Support adds that "any decision to provide the contents of a deceased user's email will be made only after a careful review, and the application to obtain email content is a lengthy process. Before you begin, please understand that Google may be unable to provide the Gmail account content, and sending a request or filing the required documentation does not guarantee that we will be able to assist you." The same applies to all Google services.
Yahoo
Email accounts of Yahoo are automatically deleted if it stays dormat for over four months. Yahoo will also close the account if a copy of the death certificate is emailed to cc-advoc@yahoo-inc.com.
... AND WHAT OTHERS DO
Microsoft-MSN
Account data on email or any other MSN service is transferred to legal heir after death if verified and preserved till that time.
eBay
All data of the user on the buy-sell website is deleted if death certificate is faxed to company.
LinkedIn
Account is closed if death verification form is filled.
Flickr
Account is terminated and photographs and content permanently deleted if copy of death certificate is provided.
Evernote
Evernote does not provide any details regarding the accounts of deceased users.
Foursquare
Foursquare does not provide any details regarding accounts of deceased users.
Orkut
Profile removed if death certificate is uploaded and an online form completed.
PayPal
If a death is reported, the account will be closed and a cheque made out to the account holder is issued to the legal heir.
Twitter
Account closed if request is received.
Courtesy: Gadgets and Gizmos
