In the age of the Internet, most of us live our lives largely online. As such, one would expect a concomitant increase in concern for privacy, but this is not necessarily the case. It seems that the instantaneous and anonymous nature of the Internet has given rise to thoughtless sharing that simply did not exist when it was necessary to put pen to paper. Understanding that a great deal of our day-to-day activities are now carried out over the Internet, it makes sense that our families and heirs would want or need access to our accounts in the event of our death or incapacitation. The Uniform Fiduciary Access to Digital Assets Act grants virtually unfettered access to a decedent's digital assets that would undoubtedly ease estate administration but the privacy implications of such access are wide reaching and must be considered when formulating a solution to the problem of planning for these assets. It is easy to see how this grant of access could result in the invasion of the privacy of the living. This Note will highlight to extent to which this Uniform Act overlooks the right to privacy of the living in favor of ease of access to the digital assets of deceased Internet users through the use of three hypothetical scenarios and suggest that a balancing of interests might reveal whether the policies behind the current laws, as well as the Uniform Act, are really being furthered by such broad access.
Barwick, Elizabeth D.
"All Blogs Go to Heaven: Preserving Valuable Digital Assets Without the Uniform Fiduciary Access to Digital Assets Act's Removal of Third Party Privacy Protections,"
Georgia Law Review: Vol. 50:
2, Article 8.
Available at: https://digitalcommons.law.uga.edu/glr/vol50/iss2/8