By Bob Katzen
Would establish regulations over what happens to a decedent’s digital assets including social media, e-mail and online accounts.
Supporters said that people are unlikely to specifically designate control over these assets in a will, and companies have a patchwork of different policies on the subject or no policies at all. They noted that this often gives companies discretion over whether to provide access to an account, and family members can be left with no ability to retrieve important information, particularly in the event of an unexpected death.
“At the moment, there is legal uncertainty about what happens to a person’s digital assets—their email, social media and other online accounts—when they pass away,” said sponsor Sen. Cindy Creem (D-Newton). “[The bill] would make it easy to determine who, if anyone, should have access to a deceased person’s online accounts. It would also establish procedures and safeguards to prevent inappropriate disclosure of the deceased’s private communications. The legislation protects privacy while also ensuring that there is clarity about who may access the digital assets of someone who has died.”