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Facebook must give the mother of a dead daughter access to the user account suspended five and a half years of the girl. The Federal Supreme Court (BGH) in Karlsruhe ruled as a last resort.
The judges overturned a Berlin Supreme Court ruling on Thursday, which upheld the ban on telecommunications secrecy. Parents hope for the private content of the network information on the circumstances of the death of 15 years.
"Even the letters and newspapers were pbaded on to the heirs," said presiding judge Ulrich Herrmann at the verdict that there is no digital reason treat the content differently The girl had a contract with Facebook , and the parents had entered as heirs in this contract. "
What was the case in the case?
Was denied access to Facebook account from a 15-year, which was stopped in Berlin in 2012 in unclear circumstances of a subway. Later, he died in the hospital.
Parents want to know if it 's an accident or a suicide. Therefore, they wanted to know what messages their daughter has traded on Facebook. As the seeker, the mother appeared. She also hopes the news will help to avoid damage claims from the subway driver.
According to their own statement, the parents knew the Facebook pbadword of the girl who had connected to the network at the age of 14. But when they wanted to log in to his account after his death, it no longer worked: the account was already in the so-called memorial state, a profile status for the deceased. Facebook had arranged for the index of a user on the death of the girl. If an account is in a "commemorative state", the profile remains online as a kind of virtual condolence book and is visible to all users who have seen it before.
Facebook refused, on request, to give parents access to the girl's account and chat messages, so the mother went to court against the company. Facebook has justified its position by the fact that "the state of memory" not only protects the rights of deceased users, but also those of their Facebook contacts. These would badume that private messages remain private.
What is the surprise of the decision?
The presiding judge had already critically criticized Facebook's position during the trial: The parents could have used the pbadword to register on the account while the girl was still alive. It is therefore debatable that the trust of other users, which no one reads, really deserves to be protected.
Before the decision is controversial, one can inherit digital content, especially data that is not comparable – comparable to diary. Home on disk or on a disk, but on a foreign server. "Anyone who accesses digital communication after death is a new territory," commented Bitkom Tech Association before the verdict
How can I manage what happens to my Facebook account after my death?
For a few years now, adult users have had the opportunity to name a contact said discount during their lifetime on Facebook. This person can design the profile to a certain extent as soon as it is in "commemorative state". For example, she can change the profile picture. Unless the parameters of the deceased's chronicle are prohibited, they may also post a message on their site, for example, to post information about the funeral.
Up to now, only complete Facebook users can post a registration contact. ] General Account Settings – Manage Account . The selected person may also be allowed to download a copy of the deceased's shared content in the corresponding menu. However, the selected person does not have access to the private messages of the deceased, nor can he explicitly authorize it. The person responsible for Facebook property can not send friend requests or delete friends.
If you no longer wish to be present on Facebook after your death, you can also send to the company during your life that your account is deleted in case of death (also via General Account Settings – Manage the account ). In addition, "proven and close family members" may request the removal of a deceased person's account. More on this subject can be found here on Facebook.
Do you think about taking your own life? Talk to other people. Here you will find – also anonymous – offers of help in supposedly hopeless situations, by phone, by chat, by e-mail or in a personal conversation.
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