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The Afterlife Of Data: Reviewing Global Discourses On Digital Remains And Posthumous Privacy




Ayesha Khanum, Research Scholar, School of Law, Presidency University, Bengaluru.

Dr. Mohammed Salim Baithullah Khan, Assistant Professor (Senior Scale), School of Law, Presidency University, Bengaluru.


ABSTRACT


The rapid convergence of technology and human life has introduced the concept of digital death, which addresses the ethical, legal, and societal questions surrounding a person’s digital presence after they pass away. This literature review brings together insights from recent research on posthumous digital rights, online memorials, and the ownership and management of digital assets. The studies show that digital remains carry significant emotional and moral value, the existing legal frameworks are largely inadequate to manage them effectively. Philosophical discussions emphasize the moral significance of digital traces, while empirical studies reveal challenges related to privacy, consent, and the commercialization of posthumous data. Research from law, ethics, communication, and technology demonstrates that digital immortality reshapes traditional ideas of identity, legacy, and personhood. The current scholarship remains scattered, with limited interdisciplinary engagement and few practical policy solutions. This review highlights a pressing need for coherent global standards that address the ethical, technological, and legal dimensions of digital afterlife. It underscores the importance of creating a multidisciplinary framework that protects individuals’ dignity and autonomy, while guiding responsible management of their digital heritage in an increasingly connected and data-driven world.


Keywords: Digital Death, Posthumous Digital Rights, Data Privacy, Digital Afterlife, Ethical and Legal Frameworks.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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