It’s not just about lover/mistress. There are plenty of things that are none of the business of other people (regardless of family status).
Correct. But it has always been the case that after death someone’s data passed into the hands of the next of kin. Even if the deceased didn’t want to.
And besides: just because you don’t want people to know anything in life, doesn’t mean it’s none of their business. If you have a second family, then it does concern both families. Especially after your death. Even if you want you not that they know about each other.
Unfortunately, you can’t decide this if the person is already dead. And don’t forget that the privacy of the OTHER people is suddenly also affected.
Yes. And the same goes for paper documents and photos. If you do not want certain information to become known during your life, then you must arrange that during your life. And in that regard, there are now many more options than in the past. You couldn’t destroy letters and photos posthumously in the past. Now you can (encryption with unknown password, secret email address, etc.)
It is impossible to decide in advance (without looking into it) after the death of someone whether the content of an email account (for example), concerns the next of kin. Not to mention the fact that the information most likely does concern the next of kin. So unless the deceased has predetermined something, there must be a rule that applies to all information in that account. And I think the best rule is that that information goes to the next of kin. And if they then disclose privacy-sensitive information of others, there are also laws to deal with that.
And again: if you do not want certain information to become known, you must ensure that it is not accessible. If you take spicy pictures of yourself, they probably already end up in the cloud, and especially if you also send them they can end up in the hands of third parties in all kinds of ways. Even if you’re still alive. You know that, and you take that risk. Just like when you send and/or keep love letters to your secret lover(s).
So I’m fine with Microsoft only doing this after legal proceedings.
It is indeed good that they do this. But remember that that procedure was mainly about establishing what the rules are. Microsoft really isn’t going to sue for every account. And they also do not want to be held liable if they have wrongly refused access to an account.
Edit: it was all about Microsoft. The plaintiffs simply wanted access. As soon as Microsoft is clear about the rules, they will enforce them. Just like in Germany.
Edit 2: Didn’t read properly. Apparently Microsoft wants a court order in NL (and almost everywhere) on a case-by-case basis. Presumably there was once a ruling in DE that they also simply have to accept certain documents. This may also have to do with the other legal system in the US: for cases that can be proven with us by means of a document, the intervention of a judge is probably necessary in America, or something like that.
[Reactie gewijzigd door RJG-223 op 11 december 2021 18:00]
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