Défendre les vivants ou les morts ? Controverses sous-jacentes au droit des données post-mortem à travers une perspective comparée franco-américaine

Abstract

To be on the internet is to exist as a being of data constituting profiles that double the existence of physical individuals and survive them. In the future, the internet is therefore called to contain more post mortem data than personal data relating to living persons. What's the fate of this data? For a long time, the law was silent on this question, the right of personal data stopping at the death of the person. The comparative analysis of the evolution of the law in the United States and in France makes it possible to detect a difference of conception between an approach based on the repository of the right to privacy and data protection, and that inspired by inheritance regime and patrimonialise post mortem data .