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Let's start with the numbers: according to the estimates of the German legal magazine ZEV, every minute, three users registered on Facebook die. For this reason, around 5% of Mark Zuckerberg's social accounts are inactive inactive. What happens to a Facebook account when the user dies? And the same question applies to e-mail accounts, but also to the entire digital world related to an identity: music, eBooks, App.
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The theme of digital heritage. A very thorny ground, which pushes the jurisprudence towards the innovation. And this is often stuck in old regulations, made even more complex by the fact that most of the time we are in front of technological giants based in California.
Also for this reason, a recent decision of a German court risks writing a very important precedent in the area of digital heritage
The story, told by Reuters, concerns a couple from Karlsruhe, a city in the northern Black Forest that The father and mother of a missing girl a few years ago filed a lawsuit against Facebook to gain access to the account of the deceased daughter. And the real news that this cause has won. In fact, the federal court ruled in favor of both parents who can now enter their daughter's account and use it.
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The judicial process that led to this conviction lasted six years. It was indeed in 2012, when the couple had asked Facebook to access the account of his daughter, who died after finishing under a train. Both were convinced that only on the social network could find some clues to shed light on this tragic event. But Facebook has always denied them any access, also because, with great probability, the girl could not establish an "heir contact" since the facts go back to a historical period in which Facebook had not yet activated this option. The account has been configured by Facebook as a "commemorative profile", as often happens when a user disappears. And no one could access it. Hence the cause in court has resulted, as mentioned, in the German couple's victory against the social network. A decision came after one court of appeal overturned the positive result of another court. For German federal judges, the girl's social profile must be considered heritable, like letters. The verdict – said a spokesman for the court – also concerns other social media accounts, not just Facebook, but Instagram and so on. It is therefore a sentence that has serious consequences.
From Facebook, however, take note of the provision: While we respectfully disagree with today 's decision, the long process shows how much the topic being discussed is complex. A spokesman for the Californian company at the Reuters Agency
A recent survey conducted by the German Information Technology Association, Bitkom, revealed that 49% of Internet users said they did not not be interested in what happened to own social profiles after death. The chapter remains complex, however. And this sentence can mark an important furrow with the past.
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