Apple is among the latest technological companies to have taken a position on the topic, introducing specific news on the sidelines of the presentation of the new iOS 15 update.The intervention of the Cupertino company has its roots from some rulings that have probably induced Tim Cook and members to clarify (albeit partially and with a compromise approach) on the subject, in the same way as Facebook and Google rivals.
In Italy there is a case that has recently touched the theme of digital inheritance: this is the sentence of the Milan Court of 9 February, with which the judges recognized the existence of a right of survivors to obtain obtainingdigital data belonging to a person who died and archived in cloud platforms.
The pronunciation starts from the refusal opposite by Apple against the parents of a twenty -five year old boy who died prematurely, who asked to access the son's icloud account in order to withdraw photos, videos and other data that could make the latter's memory alive.The refusal, justified by Cupertino's partnership for reasons strictly relating to privacy, triggered an emergency appeal promoted by parents against Apple, subsequently established in court and opposing the existence of some American regulations included in the so -called "Electronic Communications Privacy Act".
The judges recognized the existence of a legitimate interest to the parents and condemned the company led by Tim Cook to unlock access to the ICloud account.As can be read in the reasons for the sentence, the judges considered the American legislation to which Apple was instead wanted to be substantially inapplicable, but above all they highlighted the non -extensibility of the species of art.27 of the GDPR Reg.EU 2016/679, since not compatible with the specific circumstance of the deceased people.A further confirmation, if we want, of the absence of a specific legislation that acts as a pillar on the theme of digital inheritance.