Missing parents asked permission to read messages from the dead girl to feisbuke

The judges of the Federal Constitutional Court of Karlsruhe have decided that the agreement of the girl with Facebook is part of his inheritance and must be handed over to treat it

"A user account agreement (concluded) with the social network is transmitted to the heirs of the beneficial owner of the account ", – explains the judges.

"The contract for the user account with the social network is transferred to the heirs of the real owner of the account.In 1965, after the death of the young man of 15 years after the death of the metropolitan train, his parents asked Facebook to allow them to see the history of their daughter's correspondence and other data, hoping this will help to answer the question of whether the girl's death was an accident or deliberate suicide

When the company refused, the couple obtained access to the data in 2015, but the Berlin Court of Appeal quashed the decision

.Their daughter died, but she also hopes that the data on the teenage account will help determine if the train driver in the metropolitan area has a compensation that should be paid to him if the teenager has committed suicide.

blog or data [19659002] Parents af that the content of their daughter's Facebook account is legally equivalent to a personal diary or letters that could be bequeathed to their relatives in the event of their death.

The judges of the district court of Berlin recognize that the deceased including a digital account created for this account

Moreover, the parents of a minor child have in any case the right to know when and with whom he communicated, added judges.

However, the Berlin Court of Appeal confirmed in its 2017 decision that

The Constitutional Court stated that "the person who sent the message (the constitutional law) guarantees the confidentiality of telecommunications.

The judges also argued that the persons who corresponded with the deceased had the right to the confidentiality of their messages. On Facebook, you can be sure that it will only be available for the account that he has chosen as the "recipient of the message".

However, Facebook is acting in such a way that "nothing guarantees that the contents of this account will only be available for the account" According to them, after the death of a person, "the heirs are transferred to the heirs". Even the most recent and stringent data protection rules in the European Union – the EU General Data Protection Regulation – do not contradict this transfer of data because Regulation protects only those living. "Persons"

In memoriam

Social network representatives Facebook have not yet commented on the judgment.

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 their sympathy, but they do not have the opportunity to see their personal messages.

Otherwise, relatives can submit a request to delete the deceased Facebook account. the only country where there are moral and legal disputes, as it should be (19659002) In 2016, Apple is opposed to attempts by the Federal Bureau of Investigation (FBI) to force it to "unlock" the iPhone smartphone owned to one of the two attackers shot dead in December 2015

However, the company was more favorable to an Italian who asked in 2016 to unlock the phone of his child died of cancer, and allowed him to recover photographs and other expensive data.