Silvia Bonetti

PhD in European and International Law - 36° ciclo (October 1, 2020 - September 30, 2023)

Doctorate research program

 

Titolo tesi

“Dati personali ed “eredità digitale” dell’interessato. Un’indagine tra Codice della privacy e regime delle successioni mortis causa. Personenbezogene Daten und „digitaler Nachlass“ der betroffenen Person. Eine Untersuchung zwischen dem Codice della privacy und den Regelungen der Rechtsnachfolge von Todes wegen”

Abstract

The study analyzes the post-mortal dynamic involving digital objects, which, for the purposes of this research, is understood as encompassing all goods in a digital form, with a view to identify the instruments the Italian legal system offers to ensure their protection, management and, eventually, circulation after the death of the person to which they refer to. The expression commonly used in Italy to describe the phenomenon investigated in the research is “successione digitale”, or the equivalent “eredità digitale”, which corresponds to “digital death”, “digitaler Nachlass”, “mort numérique” or “herencia digital”, phrases through which the problem is known in other legal systems. After classifying the digital objects of the “successione digitale” in several categories, depending on their offline placement or online sharing, the analysis focuses on personal data, whose peculiarities give rise to many interesting questions, which suggest to use it as test bench for the research. A key provision with respect to the treatment of personal data concerning deceased persons is Article 2-terdecies of Legislative Decree No. 196 of June 30, 2003 (also referred to as Codice della privacy), which introduces the possibility for certain parties to exercise rights over the deceased's personal information, but at the same time does not clarify the nature of the legal matter regulated therein. Broadening the investigation beyond the boundaries of personal data regulations, the research also considers whether it is possible to identify some phenomena of transmission in the protection of rights after the death of the person to which such rights referred to and whether and under which conditions these phenomena can be qualified as successions. Attention should also be paid to the individual's will regarding the protection, the management, and the circulation of the information for the period after death and which effects should be attached to such manifestation of intentions. Overall, the numerous issues arising from the “successione digitale” make it clear that is it of paramount importance to identify the criteria under which classifying the subject matter as falling within the one or the other set of rules and the tools through which coordinating the different disciplines which simultaneously apply to the same object of protection.

PhD Tutors

Prof. Stefano Troiano, Prof. Martin Schmidt-Kessel