Does Online Privacy Persist through Death?
Online Privacy After Death
As our lives increasingly move online, questions about who controls digital assets after death are becoming unavoidable. From email accounts to social media and cloud storage, states are now stepping in to clarify how fiduciaries can access these digital footprints when a user dies.
New York Adopts RUFADAA and Joins a Growing Trend — By passing the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), New York became the 20th state to address access and control of digital assets after death. Because estate law is governed at the state level and no federal statute directly controls digital asset distribution, most states are expected to adopt some version of RUFADAA to fill this growing legal gap.
Why a Traditional Will Isn’t Enough for Digital Assets — Many people mistakenly believe that digital property is automatically handled through a standard will. In reality, access to online accounts is governed by a complex intersection of federal privacy laws, state statutes, and private contracts like terms of service and end-user licensing agreements, all of which can override testamentary intent.
Privacy Laws and Platform Policies Shape Access After Death — In the absence of uniform rules, service providers often rely on the Stored Communications Act (SCA), which generally prohibits disclosure of account contents without “lawful consent.” As a result, access standards vary widely. Some companies, like Google, have responded by offering tools such as the Inactive Account Manager, allowing users to dictate whether their data is shared or deleted after prolonged inactivity.
For more information, see our blog post Does Online Privacy Persist through Death?
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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