Digital heritage

an analysis in the light of the principle of privacy and intimacy

Abstract

This research aims to approach the topic of digital heritage, which nowadays has been the subject of several discussions due to the lack of relevant legislation and the great increase in technology available to society. Once this situation exists, the concern with fundamental rights (Privacy and Intimacy) offended in the case of the transmission of wealth that were not recognized in this way emerges, such as social networks accounts, virtual currencies, digital products in general. Society evolves and the use of the Internet expands, new forms of communication are created, new media, databases, email accounts, virtual currencies, which have led to the creation of a new type of heritage, the digital. But what will happen to this type of property after its owner dies? Perceiving a possible offense, specifically to the fundamental right to intimacy and privacy, since there are no clear elements about the dissemination of information that, in life, that it could considered intimate. This is a bibliographic, explanatory and descriptive article, using the deductive method of approach, considering that it is based on the premise that there is an offense to the principles mentioned when the deceased does not authorize the transmission of his digital heritage. The question of what is the post-mortem fate of digital content acquired or generated by a person during their lifetime requires a highly nuanced answer that avoids simplicity and inaccuracies. Until now, at the national level, neither the social nor the legal debate has been intense enough to reach mature conclusions that guide the work of the legislator. In this way, this article aimed to investigate what should be the destination of digital wealth when their owner dies. Therefore, that the digital heritage is a new mark in the field of Law, given the development of digital media. The deceased's authorization is required, in order to protect their right to privacy and intimacy in relation to their digital permission.