Digital Death

When Louise Palmer’s 19-year-old daughter Becky passed away from a brain tumor, Louise continued to access her Facebook account to reconnect with her daughter.  “[T]o be able to go on [to Facebook] and read  not only what people have put on her wall, but private messages that people had sent as well.  It was reassuring me that she wasn’t going to be forgotten.” 

Shortly after Becky’s death, Facebook locked or “memorialized” her account.  Louise wrote to the company, expressing her desire to read the messages.  Facebook responded and explained that because of their company policy for deceased users, they cannot make changes to the profile or provide login information to the account. 

Louise’s frustration is not uncommon.  “People are just not reading the terms and conditions, and what we are seeing is a real increase in disputes between competing family members and the service providers.” YouGov research found that 52 percent of individuals said that no one would be able to access their online accounts if anything should happen.  Thus, it is now more important than ever that people leave clear instructions regarding what should happen to their social media and other online accounts after death.  Having a list of online accounts will make it easier for family members, and allow the deceased’s wishes to be fulfilled. 

See Clive Coleman, How Do We Protect Our Digital Legacy After Death, BBC News, Apr. 6, 2015.

Special thanks to Naomi Cahn (Harold H. Greene Professor of Law, George Washington University School of Law) for bringing this article to my attention.