[ecrea] International Workshop on the Fate of Post-Mortem Personal Data

    International Workshop on the Fate of Post-Mortem Personal Data
    (Friday the 13th of January, 2017)


      Introduction

Profiles compiled from scattered digital footprints left by the user on 
the Internet shape the outline of digital identities. While the Internet 
user is alive, he remains in charge of managing these identities, with 
the help of digital privacy law. Yet as civil rights befall the living, 
these data protection rights, as such, fall as his death occurs. It 
therefore comes as no surprise that the recently adopted General Data 
Protection Regulation (GDPR) explicitly states it is not going to apply 
to data linked to dead data subjects. Therefore, there is lack of 
supranationally harmonised post- mortem personal data protection rules.

Profiles and digital footprints survive deceased Internet users. For 
example, in social networks, it is not rare to see the profile of a dead 
person that keeps interacting with those of living users. Such cases are 
to become increasingly frequent as Internet users grow old, explaining 
why several initiatives took place in various countries to tackle this 
issue.

A federal legal framework was recently adopted in the United States of 
America, in the form of the Uniform Fiduciary Access to Digital Assets 
Act, which gives fiduciaries access to certain categories of data such 
as files, domain names, virtual money, while at the same time limiting 
access to electronic communications and social network accounts in order 
to protect the dead person’s privacy. In Bulgaria, the Law recognises 
that heirs may exercise data protection related rights on the deceased 
person’s data. In Hungary, the National Authority for Data Protection 
and Freedom of Information has recently published a recommendation 
advising the Parliament to adopt legislation on the matter. In France, 
the recently adopted Digital Republic Act comprises a provision aiming 
at inscribing a new paragraph in section 40 of the Data Protection Act, 
stating that : “Any person can define one’s directives regarding the 
preservation, erasure and disclosure of one’s personal data after one’s 
death”.

Some social networks, like Facebook, have set up procedures to transform 
accounts into memorial pages. The difficulty for such operators lies not 
only in getting the right perception of emerging customs and social 
norms related to digital death in order to offer socially adequate and 
acceptable solutions, but also in the scattered and potentially 
contradictory nature of regulation on this specific issue.

The aim of the ENEID project <http://eneid.univ-paris3.fr> is to study 
these issues. It is financed by the National Research Agency, and is 
composed by the MCPN team of the CIM research unit of the University 
Sorbonne Nouvelle Paris-III, and the EPIN team of the COSTECH research 
unit of the University of Technology of Compiègne, as well as some 
individual researchers from the University of Paris 13.

This workshop is structured around the ENEID project. Its primary goal 
is to discuss the various issues surrounding digital eternity, and to 
provide space for a dialogue between the project’s research results and 
that of other academics and professionnals like Data Protection 
Officers. It is our hope that such a discussion will help the 
establishment of a multidisciplinary and European community of academics 
and professionals studying the issue of post-mortem personal data privacy.


      Provisional program

9h00 : Registration

9h30-9h45 : Opening speech

9h45 : Presentations by members of the ENEID research project 
<http://eneid.univ-paris3.fr> on post-mortem digital identities 
(moderated by Dr. Cléo Collomb)

  * Dr. Fanny Georges : Introduction
  * Dr. Nelly Quenemer : Exhibiting privacy. The media coverage of
    celebrities’ death in France
  * Dr. Virginie Julliard : The production of post mortem digital
    identities on Facebook
  * Dr. Hélène Bourdeloie : The future of one’s on-line digital traces.
    On the results of a study on on-line behaviours and digital eternities

11h15 : The legal aspects of post-mortem privacy

  * Dr. Lucien Castex : The protection of post-mortem data : from
    identity to property rights
  * Edina Harbinja : Post-mortem Privacy 2.0 : (Re)conceptualising the
    phenomenon
  * Pr. Dr. Lilian Edwards : Against Digital Post Mortem Privacy ?

12h45-14h : Lunch break

14h-14h45 : Dr. Attila Péterfalvi : Post-Mortem Data Privacy in the 
Experience of the Hungarian National Authority for Data Protection and 
Freedom of Information

14h45-15h15 : Sophie Nerbonne, Head of Compliance at the CNIL (time of 
presentation subject to possible change)

15h20-16h00 : Data Protection Officers Panel, in partnership with the 
French National DPO Association (AFCDP) : Amandine Delsuc and Garance 
Mathias

16h-16h15 : Conclusions on the legal aspects of post-mortem data privacy

16h15-16h30 : Coffee break

16h30 - 18h : Concluding workshop


      Practical information

*Location*

The conference will be held at the Institute for Communication Sciences 
<http://www.iscc.cnrs.fr/spip.php?article1435> (ISCC) in Paris, on 
Friday the 13th of January, 2017.

*Free registration*

To register: (virginie.julliard /at/ utc.fr) <mailto:(virginie.julliard /at/ utc.fr)> 
or http://www.costech.utc.fr/spip.php?article111

More informations: http://www.costech.utc.fr/spip.php?article111


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