The politics of postmortem privacy

The concept of postmortem privacy, which addresses the protection of deceased individuals' digital presence, is gaining recognition. However, significant internal instability exists, stemming from a lack of clarity regarding its scope, the underlying justifications for its protection, and inconsistent application across different jurisdictions. These unresolved tensions collectively define the 'politics of postmortem privacy'.

Why it matters

The evolving landscape of digital presence necessitates a robust understanding of postmortem privacy. Ambiguity in its scope, justification, and jurisdictional implementation poses challenges for legal frameworks, technological development, and individual rights concerning digital legacies. Addressing these tensions is crucial for establishing coherent and ethically sound approaches to managing digital identities after death.

Key insights

• Postmortem privacy, concerning the digital presence of the deceased, is increasingly acknowledged.
• The concept suffers from internal instability due to a lack of defined scope.
• Justificatory foundations for protecting the deceased are not consistently understood or articulated.
• Application of postmortem privacy varies significantly across jurisdictions, leading to uneven articulation.
• These points of tension and conflict are termed 'the politics of postmortem privacy'.

Source

arXiv — Computers and Society — https://arxiv.org/abs/2608.16905