We explain what to do to configure the different social networks if they allow it, what the digital will is, what it is for or what the Data Protection Law says about it. We all have social networks or photographs in the cloud and you may never have stopped to think about it but nobody can access them if you are not there. It may not matter if an account is simply left open on Instagram but there are other services, such as accounts email or cloud storage, where we have all kinds of private information stored that should be protected. In that case, it is useful to know how to proceed or what options are available.
Digital Testament
The digital will was collected at the end of 2018 in the Organic Law on Protection of Personal Data. Specifically, in Article 96. As collected from the website of Grupo Atico34, a Spanish company for data protection and equality, we have the right to a digital will that does not differ from the basic principles of the traditional testament but it refers to all the digital information of the testator. That is, just as you can inherit your library or your home, you can also leave the data of all your email services, web page hosting, social networks or cloud storage.
As we said, the Organic Law on Protection of Personal Data and Guarantee of Digital Rights December 2018 talks about the right to a digital will.
Point 1. Of Article 96 (Right to a digital will) talks about how access to content managed by information society service providers on deceased persons will be governed by a series of rules.
- People linked to the deceased For family or de facto reasons, as well as their heirs, they may contact the information society service providers in order to access said content and give them the instructions they deem appropriate regarding its use, destination or deletion. (…)
- The executor of the will as well as that person or institution that the deceased had expressly designated for this purpose, may also request, in accordance with the instructions received, access to the content in order to comply with such instructions.
- In the case of deceased persons minors, these powers may also be exercised by their legal representatives or, within the framework of their powers, by the Public Prosecutor, who may act ex officio or at the request of any interested natural or legal person.
- In case of death of persons with disabilities, these powers may also be exercised, in addition to those indicated in the previous letter, by those who have been appointed to exercise support functions if such powers are understood to be included in the support measures provided by the designated person.
That is, both relatives and heirs of the deceased person will have the right to access the content of the deceased as long as it has been authorized. In addition, you can request suppression of information as long as the deceased person has not prohibited it or there is a law that prevents that deletion for some reason. In case of being a minor, as explained in previous paragraphs, their guardians or legal representatives may have these powers. Also in case of being a disabled person, the person in charge of the same will be in charge.
The rest of the article says the following:
- The legitimated persons in the previous section They may decide about the maintenance or elimination of the personal profiles of deceased persons in social networks or equivalent services, unless the deceased had decided about this circumstance, in which case their instructions will be followed. The person in charge of the service to which the request to delete the profile is communicated, in accordance with the previous paragraph, must proceed with it without delay.
- By royal decree The requirements and conditions will be established to prove the validity and validity of the mandates and instructions and, where appropriate, their registration, which may coincide with that provided for in article 3 of this organic law.
- What is established in this article in relation to deceased persons in the autonomous communities with civil, foral or special law, their own will be governed by what is established by them within their scope of application.
What can we leave in the digital “will”?
The main and most basic thing that always comes to mind is our social networks. That is, access to the profile of Facebook, Twitter, Instagram, LinkedIn. But it is not the only thing and there are options to make a detailed digital will where information on everything that is about us on the network is given. That is, not only social networks but access to personal or professional email accounts, access to online bank accounts, access to cryptocurrency wallets or access to subscriptions such as your Netflix account, Disney + or even your account of Amazon if you pay Prime annually. Most of these services have options for us to leave an “heir” but we can also register it in writing with a document where all our data or passwords are available to the person we choose.
That person will be able to access your cloud storage, social networks or subscriptions and cancel them, delete the content, terminate the accounts, etc.
Manage accounts
Many social networks have the option to add a legacy contact or a digital will that we can give access directly. Of course, the most advisable thing is that the person leaves it in writing and following the previous instructions.
On Facebook
We can add a legacy contact directly from Facebook by accessing the social network settings and choosing “Legacy contact”.
- Open Facebook
- Go to the arrow in the upper right corner
- Open the section “Settings and privacy”
- Go to section “Setting“
Here, in the section “General account settings” you will see your name, username, contact, email. Here you will see “Commemorative account setup” and the information of “Your legacy contact” where you will see all the information: “Choose someone to take care of your account when you die.” You can do the following on Facebook:
- Manage tribute posts in your profile
- Request the elimination from your account
- Respond to new friend requests
- Update your profile and cover photos
At the bottom, choose a Facebook friend and confirm with “Add”. Also at the bottom of this screen you will see the section “Delete account when he dies” which indicates the following: “You have requested that we permanently delete your account after your death. Once someone informs us that you have passed away, no one will be able to see your profile again. If you want your friends and family to be able to visit your profile and share memories in the future, you can keep your Facebook account ”.
On twitter
On Twitter there is no possibility of set up a contact to take care of your account, beyond the digital will, but we can request the deletion of the account of a deceased user who belongs to your family. The steps are more complex, but the social network agrees to act if it verifies that it is a direct relative.
To request the deletion of the account of a deceased user we have to fill in a series of data by email. We have to have a copy of the DNI, a copy of the death certificate and go to the Twitter help page where we will fill in a series of data. It is advisable send all details by email to the social network to proceed once they have checked everything.
In Google
Google allows us to go to our account settings at myaccount.google.com and here we go to “Inactive Account Manager”. You will find a tutorial that allows us to decide what to do with the data if you cannot use your Google account again. It is a recommended option, since no one should take charge but automatically it is eliminated if certain months go by without use.
You can choose to have it removed after three months, six months, twelve months, or eighteen months. One month before deleting you will be notified to notify you. You can also add a phone number so that they can contact you by SMS in case your account is going to be deleted. And we can add certain people who will be notified if your Google account becomes inactive. Also, it will allow some of those people have access to your data.
You can add up to ten people to notify in case your Google account is going to be deleted. Just choose “Add person”. This section also allows us to define an automatic reply to be sent to the people who write to you once your account becomes inactive. So they will know what happened to you.