GDPR rights when subject dies; does family inherit subject rights?Does GDPR Recital 15 exempt unstructured...

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GDPR rights when subject dies; does family inherit subject rights?

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GDPR rights when subject dies; does family inherit subject rights?


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Under the GDPR, anyone can make a subject access request or ask for their personal data to be erased (within limits etc.).



What if the subject is deceased? Does the widow/widower or do the children inherit this right, accessing the personal data (or requesting its erasure) of the deceased?










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    An example scenario which created this question.

    – Artemis Fowl
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4















Under the GDPR, anyone can make a subject access request or ask for their personal data to be erased (within limits etc.).



What if the subject is deceased? Does the widow/widower or do the children inherit this right, accessing the personal data (or requesting its erasure) of the deceased?










share|improve this question


















  • 1





    An example scenario which created this question.

    – Artemis Fowl
    8 hours ago














4












4








4








Under the GDPR, anyone can make a subject access request or ask for their personal data to be erased (within limits etc.).



What if the subject is deceased? Does the widow/widower or do the children inherit this right, accessing the personal data (or requesting its erasure) of the deceased?










share|improve this question














Under the GDPR, anyone can make a subject access request or ask for their personal data to be erased (within limits etc.).



What if the subject is deceased? Does the widow/widower or do the children inherit this right, accessing the personal data (or requesting its erasure) of the deceased?







gdpr death






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asked 9 hours ago









gerritgerrit

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3261 silver badge12 bronze badges








  • 1





    An example scenario which created this question.

    – Artemis Fowl
    8 hours ago














  • 1





    An example scenario which created this question.

    – Artemis Fowl
    8 hours ago








1




1





An example scenario which created this question.

– Artemis Fowl
8 hours ago





An example scenario which created this question.

– Artemis Fowl
8 hours ago










1 Answer
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No, the GDPR does not apply to dead persons. Consequently, their data subject rights cannot be exercised.



However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.






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    No, the GDPR does not apply to dead persons. Consequently, their data subject rights cannot be exercised.



    However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.






    share|improve this answer




























      3














      No, the GDPR does not apply to dead persons. Consequently, their data subject rights cannot be exercised.



      However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.






      share|improve this answer


























        3












        3








        3







        No, the GDPR does not apply to dead persons. Consequently, their data subject rights cannot be exercised.



        However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.






        share|improve this answer













        No, the GDPR does not apply to dead persons. Consequently, their data subject rights cannot be exercised.



        However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 8 hours ago









        amonamon

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