Open AccessThe Decision of the German Federal Court of Justice against Facebook: Opportunity to Define Digital Heritage?
Author(s) -
Antoinette Maget Dominicé,
Dario Henri Haux
Publication year - 2020
Publication title -
santander art and culture law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.124
H-Index - 4
eISSN - 2450-050X
pISSN - 2391-7997
DOI - 10.4467/2450050xsnr.20.018.13021
Subject(s) - safeguarding , german , economic justice , political science , jurisprudence , inheritance (genetic algorithm) , law , social media , federal court , sociology , public relations , supreme court , history , medicine , biochemistry , chemistry , nursing , archaeology , gene
The German Federal Court of Justice recently ruled (27.08.2020 – III ZB 30/20) that Facebook must grant parents direct access to the account of their deceased daughter. At the same time, the parents are prohibited from actively using the account. In this way, the judges established binding standards for the use of social network accounts of deceased users. Beyond inheritance and data protection law, the judgment provides an opportunity to prompt ongoing discussions about sustainable ways of safeguarding, as well as providing access to, digital content. Against the backdrop of a jurisprudence sensitized to the humanities, the two authors encourage a reflection on “spaces”, “containers”, and more generally on the significance of digital media for our everyday lives and future generations.