Protecting the privacy interests of others

Every so often, I think about privacy. Usually because Facebook or another large company has acted stupidly again. And I’ll admit that despite the lousy track record that many companies have, I make the choice to use their services anyway because I determine the value to outweigh the negatives. But not everyone makes that choice.

When we talk about protecting privacy, we generally talk about protecting our own privacy. But our privacy impacts the privacy of others. I got on this line of thought a while back while listening to This Week in Law (RIP) episode 440. They were talking about what happens to your digital property (e.g. email and social media accounts) after you die. While I won’t particularly care about what is said about me after I’m dead — I’ll be dead after all — it’s not just my content there.

Sometimes my friends tell me things about their lives. The most convenient way happens to be email or instant messaging. Now you can argue that these sorts of things should be discussed in a more secure manner, but that ignore the way people live their actual lives. Anyway, sometimes my friends tell me things that they wouldn’t necessarily want others to know. Secrets about relationships, desires, worries, etc.

If my accounts become available to someone else after my death, then so do the messages sent in confidence to me. And just because my friend felt comfortable confiding in me, that doesn’t necessarily mean they’ll feel comfortable with my estate knowing their secrets.

It’s a tricky situation. A generation or two ago, these sorts of things would be communicated in person, over the phone, or by written letter. Only the last of these would leave a record of the content, and even then they’re likely destroyed fairly soon. The ability to cheaply store communications en masse is both a blessing and a curse. Neither law nor societal norms have yet come to terms with this new world.

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