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Journal Article
POSTMORTEM PRIVACY
2024
Overview
Since their inception in the late nineteenth century, privacy rights have been widely understood to terminate with a person's death. The \"no-privacy-rights- for-the-dead\" doctrine has been repeated for nearly 130 years. As demonstrated in this Article, the reality on the ground deviated from this common pronouncement even early on. The divergence is so great today that sustained consideration of postmortem privacy is essential. This is especially so given urgent calls to protect the digital assets of the dead and evolving technology that allows for the reanimation of deceased performers and loved ones. This Article provides a theoretical foundation for determining whether, when, and how the law should extend privacy rights after death.
Publisher
Michigan Law Review Association
Subject
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