A new Bill amending the Civil Code has been introduced in the Brazilian National Congress to address new problems that digital succession brings. When a family member passes away it can be very difficult to access their online information. This new Bill aims to enable heirs to access certain types of data and to guarantee the right to digital inheritance. If passed this would come into effect on the day of its publication.
The amendment would ensure the heirs would have the right to:
- Access the deceased’s data
- Identify valid, relevant, and useful information for the inventory and division of the estate
- Obtain all the intimate data concerning the family
- Delete and rectify erroneous, false, or inappropriate data.
These provisions would also apply to those declared incapable of managing their own affairs.
Some aspects of a person’s online presence would be set to be included under the definition of inheritance in the Civil Code. This would include:
- Copyrights
- Personal data
- Publications
- Interactions on social networks, cloud files, email accounts and websites.
In the event that the deceased has a personal webpage then the successor would be able to access it on presentation of the death certificate.
Should someone pass away and there are no legitimate heirs then the provider must delete any profiles, publications, and personal data of the deceased.
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