The Posthumous Privacy Paradox: Privacy preferences and Behavior Regarding Digital Remains

24(6) New Media & Society 1343-1362 (2022)

22 Pages Posted: 9 Feb 2021 Last revised: 23 May 2022

See all articles by Tal Morse

Tal Morse

Hadassah Academic College

Michael Birnhack

Tel Aviv University - Buchmann Faculty of Law

Date Written: November 10, 2020

Abstract

Scholars have observed a gap between users’ stated preferences to protect their privacy and their actual behavior. This is the privacy paradox. This article queries the persistence of the privacy paradox after death. A survey of a representative sample of Israeli Internet users inquired of perceptions, preferences, and actions taken by users regarding their digital remains. The analysis yielded three distinct groups: (1) users interested in preserving privacy posthumously, but do not act accordingly; for these users, the privacy paradox persists posthumously; (2) users who match their behavior to their preferences; for these users, the privacy paradox is resolved; (3) users interested in sharing their personal data posthumously, but do not make the appropriate provisions. This scenario is the inverted privacy paradox. This new category has yet to be addressed in the literature. We present some explanations for the persistence of the posthumous privacy paradox and for the inverted privacy paradox.

Keywords: privacy paradox, digital remains, posthumous privacy, digital legacy

Suggested Citation

Morse, Tal and Birnhack, Michael D., The Posthumous Privacy Paradox: Privacy preferences and Behavior Regarding Digital Remains (November 10, 2020). 24(6) New Media & Society 1343-1362 (2022) , Available at SSRN: https://ssrn.com/abstract=3727874

Tal Morse

Hadassah Academic College ( email )

37 Hanevi'im St
Jerusalem 91010
Israel

Michael D. Birnhack (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel
+972-3-640-6623 (Phone)

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