Montana Bill Allowing Access to Deceased’s Digital Data

Montana could become one of the first states to answer the long-standing question: what happens to our Facebook posts, Tweets and other digital records when we die?  A bill heard Thursday morning in the House Judiciary Committee would give your survivors access to your data, unless you leave specific instructions to the contrary. 

Currently, individuals can leave behind instructions as to who can access your data, or even request that it be deleted upon death.  However, it is unclear about what happens when a person leaves no instructions, and that is what this law attempts to clear up.  The bill would allow the personal representative of the deceased person to access the person’s online accounts, to retrieve photographs, documents or anything else. 

At least one social network is fighting back against the proposal.  Dan Sachs, an associate manager for estate policy with Facebook, says the act of dying does not constitute giving consent to let other people see your digital data.   

As of now, eight states have passed laws allowing survivors to access a person’s email, social media, etc.  Nevada allows survivors to close accounts, but not access what is inside of them.

See Steve Jess, Montana Bill Would Give Survivors Access to Your Digital Data After You Die, Montana Public Radio, March 12, 2015.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.