Digital Afterlife: South Korea Urges Laws to Protect Data of the Deceased in the AI Era
Seoul, South Korea – A growing chorus of legal experts and internet leaders in South Korea are sounding the alarm about the urgent need for legislation governing what happens to our digital lives after we die. As we increasingly live our lives online – from social media posts to cloud-stored photos and financial records – the question of “digital heritage” is no longer a futuristic concern, but a pressing reality. This breaking news comes as the nation grapples with the implications of rapid AI development and the need to update its Personal Information Protection Law.
The Muan Airport Tragedy: A Wake-Up Call
The issue gained stark relevance following the 2024 Muan Airport crash, where grieving families found themselves locked out of the digital lives of their loved ones. Simple access to a smartphone became impossible without a password, effectively sealing off precious memories – photos, videos, and final messages – stored within. This heartbreaking scenario highlighted a critical gap in existing legal frameworks.
Beyond Passwords: The Complexities of Digital Inheritance
The challenges extend far beyond simple access. What happens to a popular YouTube channel after the creator’s death? Who owns the advertising revenue? Can a digital estate be inherited like traditional assets? Current inheritance laws are ill-equipped to handle these questions. Professor Lee Hae-won of Kangwon National University Law School, a leading voice in this debate, emphasizes that digital records aren’t just data; they are “a trajectory of his life and an expression of personality, a valuable memory for the bereaved family, and a property with considerable value in itself.”
Personality Rights and the Deceased: A Legal Paradox
A fundamental legal hurdle lies in the concept of personality rights. In South Korea, these rights are considered “one-time exertial” – they cease to exist upon death and cannot be transferred or inherited. This creates a troubling scenario where malicious actors could potentially create deepfakes or misuse a deceased person’s digital footprint without legal recourse for the family. Even if a family member is deeply hurt by such actions, current law only recognizes their emotional distress, not an infringement on the deceased’s rights.
Personal Information: Does it Disappear with the Person?
The definition of “personal information” itself becomes problematic. South Korean law defines it as data identifying living individuals. Therefore, a photo of a deceased person is no longer considered personal information – unless it also includes living individuals. This loophole could allow for the unrestricted use of a deceased person’s image and data, potentially violating the privacy of surviving family members who appear alongside them in digital content. This is a critical point for SEO and Google News indexing.
Global Solutions and South Korea’s Lag
While countries like the United States and Germany have begun addressing digital heritage through legislation and legal precedents, South Korea lags behind. Tech giants like Google, Meta, and Apple have already implemented “digital heritage manager” features, allowing users to designate individuals to manage their accounts after death. However, these are often governed by the companies’ unilateral terms and policies, lacking the force of law.
The Path Forward: Self-Determination and ‘Soft Law’
The core principle, experts agree, is ensuring the deceased’s self-determination – allowing individuals to dictate how their data should be handled after their death. Professor Lee advocates for a two-pronged approach: companies offering “digital heritage manager” functions, and the government establishing guidelines through “soft law” – standard terms and conditions – to encourage voluntary adoption. This approach is seen as more realistic and effective than attempting to immediately enact rigid legislation.
The conversation surrounding digital heritage is part of a larger series co-planned by the Internet media and The Personal Information Protection Law Society, focusing on the development of the AI Daejeon Data Act and the need to balance data innovation with robust privacy protections. This urgent issue demands immediate attention as we navigate the complexities of the digital age and strive to honor the legacies of those we’ve lost.
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