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Right to the data of the deceased; Facebook account will belong to family

According to the Right to the data of the deceased, Facebook is in favor of handing over the rights to convert the profile of the deceased into the tribute page or to delete it completely after the death of its account holder, but the family of the deceased will have no right to operate or access its Facebook account.

This decision will affect 2.19 billion Facebook users worldwide.

In the city of Karlsruhe, the country’s highest court has made it clear that the Facebook account of the deceased is also a property, which is the right of his family and so the family will be able to manage the data and operate the account in fateful circumstances.

Germany’s top federal court has said in this historic judgment that the data of Facebook also comes under the law of inheritance. The court added that in the same way as the people get a copy of the books of the deceased and its letters, the right of data should also be obtained. This right cannot be seized in the name of the data privacy. The federal court has allowed Facebook to appeal in a constitutional court against its decision, but Facebook’s lawyer Kristian Stonke has denied the possibility.

Legacy is under the purview of Facebook.

All this has come up from the matter related to the death of a 15-year-old teenager six years ago. The teenager was killed in a train collision in 2012. To know the cause of death, parents asked Facebook to give daughter’s data but after Facebook’s denial victim’s family reached court. The lower court ruled in favor of the family in 2015, but Facebook went to appeal court against it, where in 2017 the verdict came in favor of Facebook. After this the battle reached the highest federal court.

To note, India is on the top in the list of countries using Facebook and second rank is occupied by America. There are 2.19 billion active users all around the world using Facebook and 2.7 million people of it are the Indian users. And so is the reason how important this decision for Indians.

Facebook gave this opportunity to keep the account active after the death of its user in 2015, when the German case was pending in the court. For this, the user has to make a legal contract with Facebook, in which he/she can nominate someone to be the successor of his account.

This successor can post from that account for the last time after the death and can change the cover and profile photo. Also, all Facebook posts can be saved in archive. Apart from this, relatives can also change the account into a tribute page. These pages will always be active, but the family or successor will not have the right to edit or post anything on the same

This article was first published on http://www.wakeuppost.com.

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