Source URL: https://yro.slashdot.org/story/25/08/11/2248200/the-dead-need-right-to-delete-their-data-so-they-cant-be-ai-ified-lawyer-says?utm_source=rss1.0mainlinkanon&utm_medium=feed
Source: Slashdot
Title: The Dead Need Right To Delete Their Data So They Can’t Be AI-ified, Lawyer Says
Feedly Summary:
AI Summary and Description: Yes
Summary: Victoria Haneman contends that U.S. law should establish a limited-time right for the estates of deceased individuals to delete their digital data to prevent unauthorized AI recreation. The article emphasizes the increasing need for data protection for the deceased, revealing gaps in current laws and proposing that the right to delete could align with existing legal standards for human remains.
Detailed Description:
– Victoria Haneman, a legal scholar, advocates for a legal framework in the U.S. that allows the estates of deceased individuals a time-limited right to delete personal data.
– The current legal landscape lacks substantial protections for the data privacy of deceased individuals. Critical points include:
– Digital resurrection by AI necessitates access to the deceased’s personal data, much of which is stored online.
– Haneman compares data to “uranium,” likening its potential for harm to its value.
– The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) exists to assist fiduciaries but inadequately addresses issues surrounding digital resurrection.
– Many individuals die intestate, complicating data management and continuity for their digital assets due to reliance on tech platforms.
– The right to publicity exists in approximately 25 states, covering unauthorized commercial use of a deceased individual’s identity but poses challenges in its application.
– Although some states allow for the prosecution of defamation against the deceased, actual prosecutions are rare, largely due to free speech concerns.
– California’s Delete Act enables living individuals to have their data removed from data brokers simply. However, it is uncertain whether this law extends to the deceased.
– Haneman proposes that a deletion law for the deceased could find its legal basis in existing laws surrounding human remains, ensuring that the dignity and rights of the deceased are considered.
Overall, the argument highlights a significant gap in data privacy laws as they relate to the deceased, advocating for updated regulations that would empower estates to manage personal information posthumously effectively. The proposal stresses the need for a balanced approach, protecting societal interests while respecting the rights of deceased individuals.