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What happens to your data when you die? (Lock and Code S07E17)
This week on the Lock and Code podcast…
You will die. Your data will not.
The afterlife of our information is a recent phenomenon, and some of the companies with the most to sort through are still just figuring it out.
As far back as 2007, Facebook was forced to reckon with mass grief when users asked the company to maintain the profile pages of the 32 victims killed by a school shooter at Virginia Tech that year. Those pages became de facto memorials for loved ones to fill with comments, and today, memorialization has become a full-fledged feature on both Facebook and Instagram. Platforms like YouTube, Pinterest, and LinkedIn—launched with likely zero strategy for a user’s death—now have procedures for next-of-kin to request that a deceased person’s account be deactivated.
Now, think about all the other ways your data can linger after death.
Every year, people accumulate more and digital stuff—email addresses, social media profiles, contact lists, domain names, subscription services, online banking accounts, and the phones, laptops, and tablets that hold it all—and every year, as that digital stuff accumulates, it compounds into ever more problems for someone else to sort out. Here, a small industry of digital estate planners have cropped up, helping families retrieve and preserve anything valuable, no matter how digital, from Spotify playlists, to poignant social media posts that mattered, to the photos stored on a phone.
And where retrieval fails, artificial intelligence has offered an attempt at comfort. The chatbot service Replika launched in 2015 after its founder uploaded a dead friend’s text messages. HereAfter AI reportedly let users upload voice recordings to power a chatbot that sounded and spoke like the deceased. Film studios have pursued the same idea for entertainment, seeking to portray deceased actors in future films.
Surprisingly, almost none of this activity is governed by law, said Tamara Kneese, author of the 2023 book “Death Glitch: How Techno-Solutionism Fails Us in This Life and Beyond.”
“By and large, there is not a great legal mechanism for protecting the privacy rights of the dead,” said Kneese. “It may not be just that a grieving loved one decides to use a bunch of your data from all of your podcasts to create a chatbot to simulate interacting with you after you’re dead, but it may be that a company chooses, in some way, to use an aspect of your personality, of your demeanor, of your voice, of your likeness after your death without anyone really being aware.”
Today, on the Lock and Code podcast with host David Ruiz, we speak with Kneese—Senior Research Scientist at Partnership on AI—about who owns a person’s data after they die, why every platform has invented its own private policy for the dead, and how the technology built to keep the dead close can vanish just as suddenly as they did.
Or worse yet, as Kneese warned for those relying heavily on certain technologies in grief:
“The company gets sold to someone else or disappears, goes bankrupt, and you no longer have that outlet or place for interaction when you’re mourning another time.”
Tune in today to listen to the full conversation.
Show notes and credits:
Intro Music: “Spellbound” by Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 4.0 License
http://creativecommons.org/licenses/by/4.0/
Outro Music: “Good God” by Wowa (unminus.com)
Further reading:
Fartein Hauan Nilsen, “Caring for the Algorithm: Care, Love, and the Relational Personhood of Chatbots,” Somatosphere, February 26, 2026
Fartein Hauan Nilsen, “Therapeutic ideology and AI personhood: an anthropological inquiry into AI companionship,” a chapter from “Handbook on Anthropology and Artificial Intelligence,” Edward Elgar Publishing, July 21, 2026
University of Birmingham, “New Model Rules mark meaningful step towards digital inheritance laws,” July 16, 2026
Edina Harbinja, “Governing Digital Immortality: Artificial Intelligence, Deadbots and the Law,” Edward Elgar Publishing, to be published September 2026
Lilian Edwards and Edina Harbinja, “Protecting Post-Mortem Privacy: Reconsidering the Privacy Interests of the Deceased in a Digital World,” May 2013, revised November 2013
Lilian Edwards, Edina Harbinja, and Marisa McVey, “Governing Ghostbots,” Computer Law & Security Review, November 2023
SAG-AFTRA, “SAG-AFTRA Statement on Today’s Passing of California Assembly Bill 1836,” August 31, 2024
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