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What happens to our electronic cloud records when we die?

One reader takes this question on, highlighting how important it is that we consider our digital legacies in our wills

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What happens to our electronic cloud records when we die?

Richard Hind
Chapel Haddlesey, North Yorkshire, UK

This question is part of a larger issue I discuss with my cybersecurity students. They will be the first generation to leave behind a full digital footprint of their entire lives when they eventually die and this has far-reaching implications.

Data retention is an important aspect of the UK Data Protection Act (updated in 2018 in response to the European Union’s General Data Protection Regulation, or GDPR). Personal data, meaning anything that can be used to identify an individual, is protected from misuse and must be kept secure and up to date. The law also states that it can only be kept for a predetermined length of time, although we now have the right to be forgotten at any time, thanks to GDPR’s “digital rights for citizens”.

This is all well and good, but, in reality, can we trust the tech giants to completely delete all of our personal data when we ask, when the deadline expires or, indeed, when we expire? Organisations risk a fine of up to 4 per cent of their global turnover for breaches of the law, which seems to have brought them into line.

Nevertheless, we may need to start considering our digital legacy in our wills, especially any intellectual property we have created. This is where I turn to my colleagues in the legal profession for their thoughts…

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