Digital Death, Digital Assets and Post-Mortem Privacy: Theory, Technology and the Law

Edina Harbinja examines the theoretical, technological and doctrinal issues surrounding online death and digital assets. By examining different areas of law, humanities and social science, she proposes the new concept of postmortal privacy (privacy of the deceased individuals) and provides answers and suggestions as to what happens to digital assets and online identity after death. Case studies draw on the transmission of emails, online games such as World of Warcraft and social networks to examine the legal issues surrounding these most prominent and widely used types of assets. Aspects of property, intellectual property, contract, succession and probate, privacy and data protection, jurisdiction and criminal law are considered. Harbinja puts forward policy suggestions, proposals for law reforms and sets out an innovative agenda which will open new avenues for research. Her useful consideration of current digital legacy tools and technologies also offers practical advice for users when it comes to their own estate planning.

Edina Harbinja is Reader in Law at Aston Law School, Aston University. Her principal areas of research concern legal issues surrounding the Internet and emerging technologies. She has published widely on aspects of internet law and regulation and has been a visiting scholar and invited speaker to universities and conferences internationally. She has pioneered the concept of post-mortem privacy. Her research has been highly impactful and has been cited by legislators, courts and policymakers worldwide. Edina regularly engages with the media, and her key appearances include Nature, TEDx, BBC, ABC, The Guardian, Thomson and Reuters etc.