What happens to your privacy rights after you die? With the rising use of AI, this question becomes more critical than ever. We may think our privacy rights continue, or that any privacy concerns end after we die. However, we now live in a time when our data keeps living after us, and protecting privacy and digital assets after death are paramount. Beck, Lenox & Stolzer offers a recent article on this subject from The National Law Review entitled, “Is There Privacy After Death? Estate Planning’s Critical Role and The Need to Act Now.”
When a leading family history company filed for bankruptcy last spring, customers were rightfully worried about what would happen to their genetic data. The company was acquired, and so was customer’s genetic data—the genetic information of their entire family. If this is of concern while you’re living, it is also a concern for your family after you have passed.
In the past, privacy laws focused on the living, and little thought was given to the dead. However, protecting digital privacy after death is now part of estate planning. Without a deliberate plan, data is vulnerable to theft, exposure, and loss.
Cybercriminals frequently target dormant accounts because they know fraud is more complex to detect when the owner is no longer watching the account. An encrypted email account is hijacked, and financial profiles are used to obtain new lines of credit. It takes a skilled hacker very little time to undo a legacy.
Adding to the issue is the growing risk of impersonation using AI. With enough data, an attacker can spin up convincing messages appearing to originate from the deceased—a devastating attack for families grieving the loss of a loved one.
Large tech companies retain more rights than users know. Commonly used Terms of Service Agreements allow platforms to keep content, metadata, and behavioral information permanently or for extended periods. Some retain the rights to absorb account data into long-term training sets.
Without taking active steps, a person’s digital identity is determined by corporate policy at best and, at worst, by cybercriminals.
Proper protection begins with a thorough inventory. Create a list of all accounts, devices, subscriptions, storage sites and digital tools. Create a map of which items contain sensitive data and which require ongoing management after death.
Establish access controls with clear roles. Not every fiduciary needs access to every account. A software service allowing segmented permissions may reduce the risk of accidental disclosures. An encrypted digital vault may be used, allowing designated fiduciaries to gain access after you have died or at other times.
Addressing digital privacy is a key part of estate planning. Anticipating risks, preparing for the future and protecting loved ones and legacies require a multi-tiered approach that includes both traditional and digital assets. Click here if you want a free phone consultation to discuss your concerns with an attorney at Beck, Lenox & Stolzer.
Reference: The National Law Review (Jan. 9, 2026) “Is There Privacy After Death? Estate Planning’s Critical Role and The Need to Act Now”
