Digital Afterlife and Post-Mortem Data Governance: Protecting Human Dignity in the Age of Artificial Intelligence.

Abstract

This study addresses the problematic issue regarding the extension of the right to personal data protection and digital privacy post-mortem, in light of the rapid advancement of artificial intelligence technologies and digital environments that perpetuate an individual s informational footprint even after their biological demise. The study highlights the legislative deficiency suffered by most contemporary legal systems—particularly the European General Data Protection Regulation (GDPR)—due to the restriction of legal protection strictly to living individuals, a limitation that paves the way for the exploitation of deceased persons digital data in a manner that infringes upon their dignity and informational sanctity.

The study aims to analyze the continuity of the right to digital privacy after death by examining the balance between the deceased s intent, the heirs rights, and the economic interests of technology companies. Employing a comparative analytical approach, the study examines comparative legislation and the terms of service of digital platforms, alongside relying on philosophical discourse associated with the concepts of autonomy and the moral extension of human personality.

The study concludes that effective post-mortem digital data protection cannot be achieved by relying solely on the policies of digital platforms; rather, it requires the adoption of an integrated legal and technical framework based on the recognition of digital wills, granting them priority over digital adhesion contracts. Furthermore, the study underscores the importance of utilizing blockchain technologies and smart contracts to ensure the automated and secure execution of the deceased s intent, detached from commercial exploitation or privacy violations.

Ultimately, the study reaffirms that post-mortem digital privacy protection constitutes an extension of the principle of human dignity in the digital age, calling for the development of international conventions that recognize the extended digital persona and establish a flexible timeframe for the continuity of personal data protection after death.