The rapid development of information and communications technologies, which is characterized by the introduction of machine-maker tools; increasingly high, different comparison, high-speed broadband network and ever-increasing access, ultimately for good digital use in our everyday life. Data confidentiality at the beginning of the world-wide network is distracted explicitly to complete openness, thus providing a "Accessibility Access" principle that is based on the democratization of accessibility and content of the current network of the web and # 39 ; get.
The explosion of the internet and social network in just a few years has seen major changes in the customs, behavior and views of internet users. Confidentiality in the future, the Internet has been a tool that everyone, corporate, individual, government, and even banditry use every day! It is a plug to be & # 39; abolish what is happening in people's lives.
We now talk about the simple 3.0 or net web defined by Tim Bernerslee as a "data net that can be processed directly and indirectly by tools to help users create new knowledge ": large data. It coordinates the snap between the corporate disability world and the global globe to follow an Internet of things or internet of things where they are capable of learning and beyond the mines of information they are going to; stored. enrich their knowledge stocks. For example, an attached server may have no specialty, and with the permission of the owner, log in to the site of merchandise, shop, order, pay and arrange a goods disposal.
The result is that the user is left with his life on the internet, his personal personal data or personal data that describes any related data and in particular, but in particular all types of information related to his personality; his biographies, his interests, his habits to spend, the places he is in; use, recreation, friends, representations and intellectual jobs, in a short time, all his life.
This wealth of information about each user is spread, so speak, in the cloud (cloud) that is now on the internet, stored in data centers, but capable of being easy to re-establish, if necessary, for commercial legal purposes. , military, police.
What happens to this information after death?
Born from this question was the idea of a "digital death" that was a genuine sexual behavior but also a social group. Today the deadlines in social networks remain in numbers; Facebook, twitter, Instagram, email and other accounts are still open and remind visitors of the deaths of deceased people and invite them to; wish them a happy birth. Professional networks such as Linkedin, Viadéo are doing the same thing by trying to congratulate them for their professional anniversary; some email makers are based on that purpose and will include automated messages (such as a terrible identification or temporary absent statement); Advertising even offers promotional offers, etc. We talk about the individual's unthinkable digital or online lifelessness.
He says that all the information described above and many others give digital traditions to the user often marketing. It should be noted that the economic model of the relatively free platforms (Facebook, Google, Instagram, Twitter, etc.) is essential as the sale of this data for advertising, insurance , bankers, and others). This digital trademark of the user incorporates all the documents that appear; already in an original digital format or from a digital process (text, audio, mobile images, mobile, videos, databases, software, patents, etc.), which are stored on the web and that the value particularly market or emotional.
Not only at the current state of the legislation that is in force, the opening of these accounts, that they are a messenger or on a social network on the internet that empowers the author's personal personal rights. His right to respect his private life is to protect his personal interests. As this data is of a genuine and totally personal nature, family members or friends can not access it without their permission.
Right to death of digital death
In France, the Law Secretary 2016-1321 of October 7, 2016 "for a Digital Republic" proposed by the Secretary of State for Digital, Ms. Axelle Lemaire, introduces a framework for "digital death" by saying: "Anyone can explain instructions on the preservation, removal and communication of personal data after his death". This law, although it provides access to a third-party digital party that is proven by its & # 39; The Nationale Informatique et Liberté (CNIL) Commission is appointed, leaving, according to some analysts, "as they denote the estate law and preserve the personal person on their rights known to the person on the data collected ".
Clearly there is a legal relief that can not complete the general conditions used by the sites and other confidentiality promises that are proposed to create the accounts. Should a person, if a properly published death occurs, close the accounts and delete the data? Transfer them to estates that may not have the same vision about their use? Is there a danger that confidentiality will be convicted if it is known against the dead person's proposals?
What solutions to consider?
Some methods used by the web giants.
The online giants have a different approach to the post-mortem control of client data who died with their relatives after giving them evidence that is incapable of the death of those the involvement and the elements that can protect their relationship.
Twitter : Recommend a form that allows relatives an application to close the deceased's account. This completed form must be sent to its headquarters in San Francisco.
Facebook : a "claim" status advocate for dead users. The image is still active and only Facebook friends are allowed, because most of the features are accessible.
Google : to recommend a device from an Active Account Manager. The principle is that "account manager is non-active" is defined by the user and that will control all the data connected to it; Google account and all related services (YouTube, Gmail, Google Movement, Google+, etc.) once and now the current account is not in accordance with the pre-defined parameters. Two solutions are available: either we ask for the closure of his / her account after his death, or we will request his personal service to one of the aforementioned named relatives.
Certainly, the European General Data Protection (RGPD) is in Europe that allows a person to become aware of the right to access, correct to forget, to withdraw rights but also to have the right to transfer the data That this law is only applicable to companies that are & # 39; managing personal data of European citizens.
As we see the security of the transmission of a mortem on digital data to potential estates or relatives or a simple and clean "digital burial" as there is another death against another option for the management of digital data after corporate death. One as the other option gives us the need to organize the organization of regular devolutions so that the notar can not be regulated. As Sylvain Aubert Edeneo thinks: "Digital identifiers can not be found in the digital world due to the huge dangers of cutting different web sites and identity stealing. The notebook must be addressed, "he believes.
Mor Ndiaye Mbaye
Managing Director FDSUT / ARTP