When a user dies, the Facebook profile automatically transitions to a “perpetuated account” unless it has been set to be deleted beforehand. The family can request the deletion, but does not have full access to the account. In some cases, inheritance proceedings or personality protection under the Civil Code may come into play.
Not sure how to deal with digital assets in an inheritance? Get advice from an attorney.
On Facebook, we often share not only our unrepeatable experiences or our indignation about the world today, but also a lot of pictures, videos and other very personal data. What happens to this content when a tragic event befalls us?
Facebook offers two explicit options. You can tell it in advance if you want me to perpetuate your account or, conversely, permanently delete it. Removal is clear. All data, copyrighted works and space for inappropriate comments simply disappear.
In contrast, immortalized accounts are a place where friends and family can “gather” and share memories of the deceased person. You can designate a “designated contact person” to manage such a profile, but even he or she does not have full control over it, cannot read old messages, and cannot impersonate the deceased.
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Even if you do not do so, it is possible that your Facebook profile will be “hacked” in some way. It doesn’t matter whether the profile is under a real name or just an alias.
In practice, we often see Facebook reject requests to delete an account because of a lack of documented relationship to the deceased. The most common mistake is missing documentation (e.g. death certificate or proof of relationship).
If Facebook receives information that someone has died, its policy is to perpetuate the account, not delete it. You can report this on a separate form, but you must include documentation that proves the person’s death (preferably a death certificate).
However, if it bothers someone to see their loved one’s birthday anniversary in the news every year, it’s not a hopeless situation. Immediate family members or the executor of a will can also ask Facebook to cancel (remove) the account completely.
However, Facebook carefully verifies whether the person has any relationship to the deceased at all and why the account should be removed in the first place. It is certainly not automatic. It is therefore advisable to prepare the deceased’s birth certificate and other documents proving the relationship as well as arguments why the account should be permanently cancelled. However, a court order will probably be needed in the end.
For example, there have been previous court cases in the US where families have sought access to the accounts of tragically deceased children. Legislators in Delaware and Virginia have accommodated them and such disclosure can now be claimed more easily. Exactly how a court would rule here is not yet clear and would depend on the specific case. No “model” decision exists yet.
In practice, it often turns out that the family has no idea how to properly proceed against Facebook or what rights it has. If you are dealing with a similar situation, you can contact our legal advice centre, where we can advise you on everything.
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Copyright works on Facebook can be included in the inheritance procedure like any other. For example, it is conceivable that heirs will demand the release of photographs that are only on the profile and have more than just sentimental value to them.
Moreover, the new Civil Code expands the circle of persons who are entitled to claim protection of a person’s personality after his or her death. This can be any person close to the deceased (i.e. not only family, but also, for example, housemates). Thus, even after death, a person close to the deceased can demand, for example, the removal of offensive posts from Facebook that damage the memory of the deceased.
Families most often seek access to photos or messages that have emotional value. However, these situations run up against privacy concerns and are not legally clear-cut.
A Facebook profile does not automatically disappear upon death, but usually turns into a perpetuated account. The family can request its removal, but does not have full access to the data. Digital content can be part of the inheritance and personality protection under the Civil Code. However, each case is assessed on an individual basis and without prior setup, resolution can be complicated.
No, Facebook does not usually make messages available to family.
Usually several weeks, according to documented evidence.
Not directly a profile, but content (e.g. photos) can be part of the heritage.
The procedure is the same, but it can be more difficult to prove a relationship with the deceased.
Yes, that’s why it’s a good idea to address account setup during your lifetime.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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