Lawyer Advocates for Legal Right to Delete Deceased Individuals’ Data to Prevent AI Resurrection
Legal scholar Victoria Haneman has called for a new legal framework that would grant estates a time-limited right to delete a deceased person’s data, preventing AI from recreating them without consent. In an article published in the Boston College Law Review, Haneman argues that the increasing storage of personal data online poses significant risks of misuse without the deceased’s consent, likening data to ‘the new uranium’ due to its high value and potential dangers.
Currently, U.S. law offers limited protection for the deceased in terms of privacy, property, and intellectual property rights. Haneman points out that while the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) addresses digital assets, it falls short in preventing digital resurrection. She highlights the complexities surrounding the right to publicity and the challenges of prosecuting defamation of the deceased, despite laws in some states.
Haneman’s proposal to implement a data deletion law for the dead is based on existing protections for human remains, where corpses are protected against abuse. She argues that merely storing personal information in the cloud should not grant societal archival rights. A limited right of deletion within a twelve-month window would balance societal interests against the rights of the deceased, she suggests.
Recent developments, such as California’s Delete Act, which allows the living to demand data deletion from brokers, have sparked discussions about extending similar protections to the deceased. The Aspen Tech Policy Hub has expressed support for this idea. However, Haneman emphasizes the need for clear legal boundaries in this evolving field to prevent misuse and protect the rights of the deceased.
As AI technology continues to advance, the ethical and legal implications of digital resurrection are becoming more pressing. Haneman’s call for legal action underscores the growing importance of data privacy and the need for safeguards against the unauthorized use of personal information, even after a person’s death.