What happens to our virtual account/ digital asset or data after our death? It is a settle fact that in our modern age, Data is oil or air of this virtually physical era, where we are more concerned about our virtual presence than that of physical one. When we are living, we continue to add or keep various data which is personally identifiable or personal data like person’s name, picture, online banking data, contact details, location data, race, sexual orientation, social security number, location, online identifiers and genetic information and face orientation etc with various online platforms. We are the owners of those sensitive personal data and which are our personal assets as well. Now the question is if data we share or preserve or upload is our assets then what will happen to that assets after our death or can we make an will or can our heirs inherit the same after our demise or can we make an Will of our digital asset or bequeath the same in favour of our heirs …..let’s find out. ....... for details please read @ https://cyberchatterjee.blogspot.com/2020/07/what-happens-to-our-digit-data-after-death.html

1. What happened to your Digital
asset/ property after death | Digital
wills | Inheritance of your digital
asset | law of Digital inheritance
Presented by
Bivas Chatterjee.
Cyberchatterjee.blogspot.com

2. Inheritance of digital assets
In our Google account we might have sensitive information
relating to funds in Google Pay, refreshing memories in Google
Photos, important documents in Google Drive -----All these
and many more in other sites, ………….your heirs may demand
for inheritance ……

3. THE INFORMATION TECHNOLOGY ACT, 2000
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(o) “data” means a representation of information, knowledge, facts, concepts or
instructions which are being prepared or have been prepared in a formalised
manner, and is intended to be processed, is being processed or has been
processed in a computer system or computer network, and may be in any form
(including computer printouts magnetic or optical storage media, punched
cards, punched tapes) or stored internally in the memory of the computer;
What is Data?

4. AS PER THE INFORMATION TECHNOLOGY ACT, 2000
SECTION 43A. Compensation for failure to protect data.–Where a body corporate, possessing, dealing or
handling any sensitive personal data or information in a computer resource which it owns, controls or
operates, is negligent in implementing and maintaining reasonable security practices and procedures and
thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay
damages by way of compensation to the person so affected.
Section 72A. PUNISHMENT FOR DISCLOSURE OF INFORMATION IN BREACH OF LAWFUL CONTRACT
Save as otherwise provided in this Act or any other law for the time being in force, any person including an
intermediary who, while providing services under the terms of lawful contract, has secured access to any
material containing personal information about another person, with the intent to cause or knowing that he
is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in
breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a
term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.
Social sites and other online service providers must comply
followings:

5. Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011
3. Sensitive personal data or information.— Sensitive personal data or information of a person means such personal information which
consists of information relating to;—
(i) password;
(ii) financial information such as Bank account or credit card or debit card or other payment instrument details
(iii) physical, physiological and mental health condition;
(iv) sexual orientation;
(v) medical records and history;
(vi) Biometric information;
(vii) any detail relating to the above clauses as provided to body corporate for providing service; and
(viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or
otherwise: provided that, any information that is freely available or accessible in public domain or furnished under the Right to
Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the
purposes of these rules.
What is Sensitive Personal Data?

6. ‘personal data’ means any information relating to an identified or identifiable natural person
(‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in
particular by reference to an identifier such as a name, an identification number, location data, an
online identifier or to one or more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person.
‘personal data breach’ means a breach of security leading to the accidental or unlawful
destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted,
stored or otherwise processed.
GDPR ARTICLE : 4

7. Inheritance may be through following ways:
Person leaving an will, which is a legal declaration carrying the intention of the
person making the will with respect to his property or estate which will take
effect only after his or her death.
Or by
Hindu Succession Act, 1956
Indian Succession Act, 1925
Or other personal laws
Law of inheritance in India:

8. THE SALE OF GOODS ACT, 1930:
2. Definitions
(11) “property” means the general property in goods, and
not merely a special property;
What is Property ?

9. DOCUMENTS OR TRANSACTIONS TO WHICH THE ACT SHALL NOT APPLY:
As per THE FIRST SCHEDULE [See sub-section (4) of section 1] :
1. A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable
Instruments Act, 1881 (26 of 1881).
2. A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882).
3. A trust as defined in section 3 of the Indian Trust Act, 1882 (2 of 1882).
4. A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925),
including any other testamentary disposition by whatever name called.
5. Any contract for the sale or conveyance of immovable property or any interest in such property
In Information Technology Act followings are barred:

10. Some Instances
1) In 2005 Yahoo! was ordered by a Michigan Court, to release emails of deceased to his father.
2) In 2018, One Dubai forum ruled that Twitter, Facebook, and others social should deliver digital
data is accordance of a legal will.
3) In France and Canada the owner of the data can make will or access to their digital assets.
4) Inheritance of digital assets are accepted in other countries as well.
5) In India we do not have any law to that effect specifically covering the inheritance of digital
asset.

11. Will and Passwords : Controversy
In making the will of one’s digital asset the person can not mention the
password or other sensitive data in his Will as the will has to be exhibited
and proved in open Court of Law when probate is obtained…..
This may create a huge security breach issue…….

12. Thanks for paying attention:
STAY CONNECTED BY SUBSCRIBING TO BLOG:
CYBER CHATTERJEE @
cyberchatterjee.blogspot.com
BIVAS CHATTERJEE