Abstract

STACEY-FREIRE, Andrea Cristina; PROANO-REYES, Gladis Margot  and  CASTRO-SANCHEZ, Fernando de Jesús. The use of data of deceased peoples and the right to posthumous memory. Noesis [online]. 2025, vol.7, n.esp2, pp.942-957.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.626.

This article analyzes the use of personal data belonging to deceased individuals and its link to the right to posthumous memory, understood as respect and dignity in the preservation of digital legacies. In a context where information transcends life, the absence of clear regulations poses ethical and legal challenges. Using a qualitative approach, current legislation and doctrine are examined to determine whether the misuse of this data violates that right, affecting both the deceased and their relatives. The findings highlight the need for a robust legal framework that not only protects the data of living persons but also extends that protection beyond death. It is concluded that guaranteeing posthumous memory requires consistent regulations that ensure dignity and respect in the processing of post-mortem data, thereby strengthening digital ethics and justice in the management of personal legacies.

Keywords : Posthumous memory; data protection; human rights; privacy; ethics..

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