One such state is California, which enacted the groundbreaking California Privacy Rights Act (CPRA) in 2018. The CPRA expands upon the state's existing privacy law, the California Consumer Privacy Act (CCPA), and explicitly includes the right of individuals to access, delete, and control the use of their personal information, including digital content such as selfies.
Specifically, the CPRA states that consumers have the right to request that a business delete any personal information it has collected about them, including photographs, videos, and other electronic data. This includes selfies taken by the individual or captured by others and stored by the business.
However, the CPRA also acknowledges the complex considerations surrounding the ownership and inheritance of digital assets. The law allows businesses to retain personal information if it is reasonably necessary for a variety of purposes, including but not limited to compliance with legal obligations and the exercise of free speech rights.
To further clarify these issues, some states have enacted specific laws addressing the inheritance of digital assets. For example, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which has been adopted by several states, provides a framework for managing digital assets after an individual's death.
Under RUFADAA, digital assets can be included in an individual's estate plan and are subject to the same laws and regulations as other types of property. This means that they can be passed on to heirs or designated beneficiaries through a will or trust, just like physical assets such as real estate or personal belongings.
In addition, RUFADAA allows individuals to appoint a digital asset fiduciary, who is responsible for managing and distributing their digital assets after their death. This fiduciary can be a person, such as a trusted family member or friend, or an entity, such as a financial institution or law firm.
The goal of these state laws is to strike a balance between protecting individual privacy rights and ensuring the orderly and lawful transfer of digital assets after a person's death. By providing a framework for managing and inheriting selfies and other digital content, these laws aim to address the challenges and complexities of the digital age.
