As our lives become increasingly digital, so too do our experiences of death and remembrance. When someone passes away, they leave behind a vast array of digital content and data accumulated during their lifetime, including emails, photos, and social media posts. These digital remains not only reflect the deceased’s digital persona but also form an essential part of the memories held by their friends and family.
While we are alive, we have a degree of control over our personal data, both socially and through agreements with service providers. However, upon death, the clarity of these social norms and legal conventions diminishes. Conflicts can arise between preserving the deceased’s privacy and the desires of their loved ones to access digital remains for comfort and commemoration in the face of grief.
Our research and policy report addresses critical questions surrounding digital remains: What happens to our privacy after death? Who should have access to and control over these materials? What are the considerations for granting or denying access to online accounts left behind? How should society and regulators handle digital remains, and how should posthumous considerations shape the way we manage our own data while alive?
The report also examines whether digital remains should be considered property and who, if anyone, should have ownership rights. It explores the role of mourners and outlines the societal and regulatory factors to consider when dealing with digital legacies. Our aim is to present this complex issue, facilitate informed public discussion, recommend policy measures, and lay the groundwork for further research.
For those interested in delving deeper, see our English summary of the policy paper.
The full policy paper in Hebrew can be accessed here.