NASLJEĐIVANJE DIGITALNE IMOVINE I POSTMORTALNA ZAŠTITA PRIVATNOSTI I LIČNIH PODATAKA
INHERITANCE OF DIGITAL ASSETS AND POSTMORTAL PROTECTION OF PRIVACY AND PERSONAL DATA

Summary/Abstract: Digital assets are a multifaceted concept. They include both goods that are measurable in money and those that have social and emotional value. Since the application of new technologies affects the continuous expansion of its content, its importance in modern society is growing. In addition to the ongoing doctrinal debates on the legal nature and classification of digital assets, the case law of many European countries and all around the world has already considered numerous cases of requests by relatives/heirs of a deceased person for access to certain digital assets that belonged to him. The issue of inheriting digital assets touches on several legal areas, and is therefore extremely complex.The possibility of relatives/heirs of a deceased person to access their personal data on social media profiles, private and business digital communication, etc., raises the issue of post-mortem protection of their privacy and personal data, as well as the protection of the privacy of third parties with whom they communicated in cyberspace. Bearing in mind that the right to privacy and protection of personal data, like other personal rights, is traditionally related only to a living person and is extinguished by his death, this rule in the case of inheritance of digital property proves to be inappropriate and suitable for discussions and possible modifications.

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