How can you keep your passwords confidential while providing to next of kin when the time comes?

Copyright: Patrick Hajzler

Copyright: Patrick Hajzler

You may be thinking about what happens to your digital estate after you die and you’ve read that it’s wise to provide a list of your online accounts and passwords to your nominated friend, family member or next of kin.

What options are available to you to transition this information securely and reliably? The chances are you won’t want to share sensitive log-in and account details to your next of kin while you are alive for many reasons including security. There are several third party organisations that will transition documents, digital password information or instructions to people you nominate to receive these when you die. In this article, we look at the benefits of using a solicitor or lawyer. Compare digital services and what to consider when assessing an online option.

Many organisations including Away For a Bit have suggested that usernames and passwords are provided to a solicitor or lawyer which can then be transferred to the right person or people as part of your estate.

For those wondering if this is a secure process, in Australia, lawyers are bound by both law and Professional Conduct Rules.

According to Paul Gordon, Associate at Finlaysons, “If a lawyer breaches these, they could be disqualified from practicing as a lawyer and could face additional penalties.”

These rules apply when solicitors are tasked with looking after information deemed confidential by the client. Gordon points out that “Professional Conduct Rules (which differ slightly between states and territories) require lawyers to keep information provided to them by their clients confidential, except in some very limited circumstances. If a list of usernames and passwords were to be provided to a solicitor, this would be treated no differently.”

There are advantages to using a solicitor versus using a digital service to pass on confidential password data. If your next of kin or family member is not online savvy then they may be overwhelmed by the processes involved with a digital transfer of this information to them. Or they may not even read the electronic communication that alerts them to its existence.

By using a solicitor, the recipient also has the benefit of being able to speak to and question someone personally about account information that has been included in a deceased person’s estate.

It’s best not to include a summary of your accounts and their access details directly in a will however. Once a Last Will and Testament is filed for probate within the appropriate state, it becomes a public document as does any codicil attached to a will.

For security and practical reasons, Gordon says that “he would recommend that this be given as a separate document to your lawyers for many reasons, including the fact that every time you changed your passwords, or added a new one, you would have to change the will!”

Things to consider

  • People considering using their lawyers to safeguard their digital identity should enquire about what security and confidentiality measures apply.
  • There may be a fee incurred when using a solicitor or lawyer to look after your documentation.
  • Be aware if the terms and conditions of the digital services you use allow you to disclose username/password information to your lawyer or next of kin when the time comes.

Remembering DBS

It was a happy day but also so sad. You would have been in your kilt or your military suit. No matter which, I imagined you chatting up all the Ladies. No one was safe from your Capturing_memories and digital afterlifecharm.

When talking to someone you made them feel like the centre of the universe. They had your full attention, you didn’t allow yourself to be distracted. Many people have mentioned this to me wistfully now that you’re gone.

I missed your wit and funny voices. The way you’d ignore cock-ups and smile on a situation. Your willingness to relish every moment and make it count.

Even though you weren’t there, you were. Everywhere.

Who owns a person’s digital and online data when they die?

Apple recently made national news following their misunderstanding of an estate related query from one of their customers in the UK.

A son inherited his mother’s iPad device and he appealed to the manufacturer to help him unlock it.  The company asked for a series of legal steps to be undertaken and documents to be provided with the request as their concern was to protect the account information, data and content of the original owner.

When the company realised that the son only wanted to use the device and for it to be returned to its factory settings, that is to say, wiped clean of its previous owner’s accounts, data and history, it duly complied and fulfilled the request.

This news story highlighted that online data and accounts do not automatically have the same status as we associate with traditional or fixed assets that form part of an estate. In this case, while the iPad as a device was seen as transferable from person to person, the data and software contained within it was not and may not have been, even if wishes regarding it had been explicitly outlined in a will.

Who actually owns digital assets is a key yet unclear issue in today’s estate and legacy planning. There was a hoax story a while ago in which Bruce Willis was suing Apple because he wouldn’t be able to pass his extensive iTunes collection on to his children when he died. The story was bogus but as Paul Gordon, Associate for Finlaysons, a national law firm in Australia points out, the issue is real.

“Often when you ‘buy’ music online what you are actually acquiring is a licence to listen to it, rather than buying the song itself,” Gordon points out. “That licence may come with restrictions and may not be passed onto your next of kin when you die (i.e. a ‘personal’ contract). These issues aren’t going to go away and I’m sure will come before the courts in the coming years.”

In a previous post, I’ve mentioned how people who have lost relatives or friends often have a drive to find out more about them, including their digital lives. While this latest case with Apple made headlines, it’s not an uncommon event. Digital providers will not just hand over access to personal data or information of the deceased unless there’s a legal requirement to do so as their position is to defend the privacy of the account holder, in death as in life.

Damin Murdock, Principal Lawyer of the MurdockCheng Legal Practice based in Sydney suggests that when writing up a will, individuals remove any ambiguity about how they want their digital information dealt with upon their death.

“I always recommend my clients to have a list of all bank accounts, passwords, PIN numbers and so forth with respect to financial institutions,” Murdock says.

“The same should apply for digital accounts. Next time you see a lawyer to update your Will, you should ask that lawyer to help you include your digital accounts, usernames and passwords. They can also work with you to provide for all intellectual property rights contained in each asset to be transferred to the respective beneficiary. Lastly, you can waive your rights to privacy so your Executor can gain access to your accounts and deal with them in accordance with your wishes (if this is what you really want).”

Gordon concurs and doesn’t anticipate changes in legislation to digital and online asset ownership anytime soon.

“In the US, several states have passed laws which deal with access to social media accounts, allowing the executor to take control after death. This is slowly creeping across the States but is yet to appear in Australia.”

He agrees that it is important to consider what will happen after you die and make sure it is well documented, ideally in a will, but also known amongst family members.

“Like a lot of these things, people often put them off as it means facing up to their own mortality. But it is important to do to save your loved ones from having to go through difficult and complex legal processes to get access to your online assets.”

Change to memorialisation + “Look Back” videos for Facebook deceased

Facebook made an announcement last week which shows that it has been giving some thought to how the social networking platform can best help people remember and celebrate their loved ones.

The first change they’ve introduced is that the Facebook memorialisation feature (what is memorialisation?) will continue to keep the account holder’s visibility features set as they were before the person died. Previously, only people set as ‘friends’ were able to see and interact with their page. So if a person decides that ‘friends’ and ‘friends of friends’ are able to their wall whilst living, these same groups of people will be able to see that person’s account after they have died.

Also… remember the Look Back video that has being doing the rounds on Facebook? This is the personalised video feature that shows users’ top content moments over the past ten years, launched to coincide with Facebook’s ten year anniversary. After one father’s appeal to Facebook for a Look Back video for his son who died in 2012, Facebook have made a request process available for others who have deceased friends and would like to view a Look Back video for them.  To apply and see a Look Back video for a deceased friend, the account must be memorialised and the requester must have ‘friend’ status. The requester will be sent a private link which cannot be shared.

Facebook have placed emphasis on the privacy of account holders and honouring this in life and in death. The company has also alluded to additional changes in upcoming months so that people can better establish how they want to be remembered on Facebook and what they want to leave behind for others. I’m hoping that they are considering a living will arrangement in the same way Google has set up its Google Inactive Manager.

How to hide Facebook account activity of friends who have died

It’s common to hear people mentioning that they find it difficult when they continue to see the presence of their deceased friends on Facebook – on friend lists, by tagged activity others in a shared community have posted, or via automated suggestions in news feeds.

No mainstream social network currently allows people to separate profiles of deceased friends or acquaintances from their living present-day active ones, although there are some features that users can take advantage of to manage a friend or connection’s activity. Relatives and next of kin of those who have died have the option of closing their accounts or – in the case of Facebook – continuing the account but memorialising it.

Often, these same relatives are unaware that memorialisation options exist but even if they activate this process, they have no control over Facebook settings, such as those for privacy or notifications.

For people who are uncomfortable seeing profiles or activity of deceased friends on their Facebook account but who do not want to ‘unfriend’ them, here are some suggestions to minimise these kind of reminders.

Hide a Facebook friend’s news feed. If you have a friend who has died and you don’t wish to see updates in your news feed relating to them – either when people post on their wall, or when updates are posted by someone who has password access to their account – you can change your settings to avoid these. Or, if you don’t want to hide all activity, you can specifically outline what type of activity you would like to see appearing on your news feed.

Hide Facebook Page updates. You may also follow a Facebook page set up to commemorate someone but may not want to hear news from family and friends when updates are posted but instead prefer to check in from time to time. To stop seeing these updates, go to the page you no longer want to see updates from, and at the top right hand corner of the page, there’s a notifications button. Set this notifications button to “off”. This same process works for friends, people or pages that you follow.

Manage several accounts at once by creating a Facebook list. If you have a group of friends that you want to manage in the same way in one location, you can create a list to control what information and status updates you see. Once you create a list, you can select or uncheck the options that show up in your newsfeed by going to ‘manage list’ > ‘update status types’.

Here’s a good all round article on managing friends and doing a general news feed spring clean. As ever, do post any additional tips, comments or suggestions below.

Separating the living from the dead on Facebook

In a previous post, I looked into how we group our friends on a day to day basis depending on interests, ideology, personality and our relationship to them. This doesn’t occur to the same degree in our online communities, because it’s more convenient not to and platforms are not yet designed to accommodate nuances in our social graph.

In real life, we also compartmentalise the ways in which we honour our dead.

Recently I attended a school reunion. This is the sort of event that I would ordinarily avoid, but it was a special occasion. My brother and I were both pupils at the same school for many years. Following the news of his death, they elected to hold a chapel service and unveil a memorial plaque in his name at their annual old boys and old girls day.

The service was deferential and took place in the darkened, quiet, solemn environment of the chapel. Prayers were offered, sympathies and reminisces were shared. And then… the congregation headed outside to the lawns where the sun was conveniently shining, to mingle and sip on Pimms while consuming delicious indulgent treats such as strawberries with cream and chocolate cake.

Shrines, graves, areas of worship, significant landmarks provide havens for reflection and commemoration. As a society, we assign times when a community unites to remember thofacebook-memorialization-afterlife-digitalse who have died. Through events, rituals and designated locations, we have times to mourn or reflect and times to live in the present.

Yet our online lives do not reflect this reality and I suspect this is why some people find it difficult when they continue to see a ghostly presence of their deceased friends on social media – on their friends list, tagged post-mortem activity, or automated suggestions in their newsfeeds.

None of the mainstream social networks allow people to separate profiles of deceased friends or acquaintances from their living present-day active ones. Relatives of those who have died might have the option of closing their accounts or (in the case of Facebook) continuing the account but memorialising it. Of course, few people are likely to be aware that memorialisation options even exist, and if they do, the options are fairly black and white.

These limited options do not do justice to the memory of those who have passed away. Nor do they assist our need for ritual to remember them. Personally, I think there’s a huge opportunity for social media platforms to develop separate community spaces designed specifically to commemorate those who have died, where the network connections of the deceased can reflect on past memories together.

Doing this would enable this type of memorial activity to be separate to other day to day social communication with still living connections, connections who may otherwise have no association with those being remembered.

Birthdays, important dates or events in the deceased’s history could be marked in a separate, sincere and respectful environment, fostering a quality of discussion that is more personal and relevant to those who were part of their life. It would  help to ameliorate the awkwardness that death often evokes in other day to day conversations with the living.

Lastly, by introducing separate commemoration areas on social networks, we would publicly acknowledge a person’s death on these relatively new platforms. In a previous age – and today still – a person’s passing was published in a newspaper or community annals to record that person’s existence and history in records.

Currently, anyone who didn’t know of my brother’s death would have no way of knowing via his social existence. He doesn’t show up in Facebook search given his account is memorialised. This is surely restricting the opportunity for greater engagement in the future, when members from extended communities want to reminisce or pass on messages of condolence. In an age when individuals are connecting and searching for connections online, this type of status omission will become more striking by its absence, over time.