Tecnologias emergentes e gestão de dados pós-morte: o legado de dados digitais após a morte

Abstract

This paper analyzes the legal implications of digital inheritance and the privacy of the deceased in the Brazilian context, considering the social transformations brought by digitalization. The general objective of the study is to investigate the management of personal data after death and the preservation of digital memory, addressing the gaps in current legislation and the challenges faced by family members in managing digital legacies. Using a bibliographic methodology and the hypothetico-deductive method, the research discusses how current legislation, such as the General Data Protection Law (LGPD) and the Civil Framework of the Internet, can be applied to digital inheritance and proposes the creation of guidelines for a more robust legal framework. The findings indicate that, although there are legal provisions protecting personal data, the lack of specific regulation regarding post-mortem data access and management creates uncertainties for both heirs and digital platforms. The paper concludes that the regulation of digital inheritance is urgent, highlighting the need for clear legislation to protect the deceased's privacy and the rights of family members, as well as to promote a broader debate on the emotional and social impact of digital legacies in the digital age.