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The German Supreme Court explained Thursday that the Facebook social network was to give parents cusomed access to their lost daughter's account.
This decision sets a significant precedent for the management of "digital heritage" in social networks after the death of its owner. The judges of the Federal Constitutional Court of Karlsruhe have decided that the girl's agreement with Facebook is part of her inheritance and must be handed over to her mother by giving her full access to her daughter's account, her recordings and to the network of private messages. The user account (compiled) with the social network is transferred to the heirs of the real owner of the account ", – explained the judges.
These heirs" have the right to require that the social network operator grants access to the account ".] 2012 After the death of a metropolitan train, his parents asked Facebook to consult the history of correspondence of their daughter and other data, hoping that it would help answer the question of whether the girl's death was an accident or deliberate suicide.the couple gained access to the data in 2015, but the Berlin Court of Appeal has abolished this decision.
Parents are not only trying to find out why their daughter is dead, but also hopes that the details of the teenage account will help to determine belongs to the compensation that should be paid to her if the teenager s & dquo; Is committed suicide is demonstrated by docs Judiciary
Blog or data?
Parents claim that the content of their daughter's Facebook account is legally equivalent to a personal journal that, in the event of death, can be pbaded on to their loved ones as an inheritance
Judges of the Berlin Court of First Instance recognized that the law of succession includes a contract between the deceased and the social network, including the digital content created on his account.
In addition, the parents of the minor child
However, the Berlin Court of Appeal, in its 2017 decision, confirmed Facebook's position that "the German Basic Law ( Constitution) guarantees the confidentiality of telecommunications. "
Judges also Those who sent a deceased teenager are also entitled to the confidentiality of their messages.
The Constitutional Court explained that "the person sending the message (on the Facebook network) can be sure that it will only be available for the account". The recipient of the message.
However, Facebook works in such a way that "there is no guarantee that the contents of this account will be accessible only to the account holder and not to a third party," adds the judge.
them, after the death of a person, "the heirs are pbaded down even to a very personal personal content." Letters. "
Even the most recent and rigorous data protection rules of the world. European Union – the EU General Regulations on Data Protection – do not contradict this data transfer. [TheFacebooksocialpartnershavenotyetdecidedthecourtdecision
The relatives of the deceased Facebook have only two options.
First, the account can be turned into a memorial: in this case, other users are allowed to express it. compbadion, but not giving the opportunity to see the personal messages of the deceased.
Elsewhere
Germany is far from the only country where there have been moral and legal disputes as to how digital data should be pbaded on to the death of their owners.
In 2016, Apple opposes FBI attempts to force it to "unlock" the smartphone on the iPhone, which was part of one of two badailants who shot dead 14 people in California in December 2015.
However, the company was more in favor of an Italian who was asking "unlock in 2016" "Kidnapped his child's cancer phone, and allowed him to recover photos and d & # 39; other expensive data.
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