Written by Gemma Barilli, Associate Chartered Legal Executive
It is impossible to avoid the fact that artificial intelligence (AI) is developing rapidly. Its reach is now extending beyond everyday life and moving into our digital estates and how we are remembered after our death.
Key Takeaways
- AI grief bots are raising new legal and ethical questions around privacy, consent, and digital legacies after death.
- There is currently no specific law governing grief bots in England and Wales, making proactive digital estate planning increasingly important.
- Keeping records of digital assets and including clear instructions in your Will can help ensure your online legacy is managed according to your wishes.
The Rise of Grief Bots
A somewhat unusual development is the rise of grief bots (also known as a ghost bot or death bot). Grief bots are AI systems that are designed to simulate a loved one who has passed away. They use a person’s digital footprint (think: messages, photos, online content, and recordings) to imitate them to allow a bereaved person to have a “conversation” with their lost loved one.
Some may find this comforting, for others it may be disturbing. Either way, it raises important questions on privacy, consent, and what happens to our digital legacy when we die.
Are Grief Bots Legal?
At the moment, there is no specific law in England and Wales dealing directly with grief bots, or any sort of digital replicas developed post-death. There are areas of existing law that could apply in relation to them, including:
- Copyright laws – where photos, recordings, or written material are used without permission within 70 years of the date of death. If this happens, copyright laws can be enforced by an estate.
- Privacy and confidentiality obligations – misuse of private information, and defamation if the grief bot uses false information that may damage the reputation of a living person.
- Data protection rights – if information relating to living people appears in messages or content related to the grief bot. UK GDPR does not cover information about a deceased person.
- Passing off – where a deceased’s likeness is used commercially without any authority or agreement.
While the legal position is evolving, clear planning in relation to a digital legacy is becoming more and more important.
What Is a Digital Legacy?
Your digital legacy includes everything you have online, including:
- Social media accounts
- Emails
- Cloud storage
- Photos and videos
- Digital subscriptions and purchases
- Cryptocurrency and online finance accounts
Many people do not realise just how much personal and financial information is now stored digitally. Including digital wishes within your estate planning can help to avoid confusion and provide clarity to your loved ones at the most difficult time.
Steps to Consider
Considering a few simple matters can really make a significant difference to your digital legacy, and how easy it is for your loved ones to deal with these matters in accordance with your wishes. You can:
- Keep a record of all important online accounts.
- Consider who should manage your digital assets when you die.
- Review legacy settings that are available on major platforms. Google, Apple, and Facebook all have tools related to this.
- Consider if you would consent to your digital content being used for AI purposes.
- Include clear instructions in your Will, or an accompanying letter of wishes.
At Howell Jones, Surrey solicitors, we have a wealth of experience in estate planning. If you are preparing or updating your Will, or considering wider estate planning, please get in touch with our Wills Solicitors in Surrey; we would be delighted to assist.
