Bereaved Family of Top Actor Officially Requests Cyworld to Transfer Deceased's Digital Data
Globally Recognized 'Digital Inheritance'... Apple and Tencent as Examples
Cyworld Urges Legalization of Digital Legacy Alongside Service Provision
Cyworld has announced a policy to provide a "Digital Inheritance Protection Service." Photo by Cyworld
[Asia Economy Intern Reporter Kim Se-eun] Cyworld has launched a 'Digital Inheritance Protection Service' that delivers the deceased's posts to their bereaved families, while simultaneously pushing for related legislation.
On the 25th, Cyworld's revised terms of service included provisions regarding the provision of digital inheritance services.
According to Article 13 of the terms, titled 'Service for Providing Posts to the Member's Heirs,' when a member passes away, the deceased's posts are transferred to the heirs without any separate procedures. Additionally, upon the heirs' request, publicly available posts of the member can be copied and provided on a separate medium.
However, to use this service, the heirs must submit documents such as the deceased member's family relation certificate and removal from the resident register. Furthermore, posts that are deemed likely to infringe on the deceased member's privacy or are inappropriate to transfer to others may be excluded from the service.
Cyworld initiated this service because the bereaved family of a top actor officially requested the company to transfer digital data. According to Cyworld Z, which acquired Cyworld, the bereaved demanded access rights to the photos, videos, and diaries on Cyworld that hold memories of the deceased.
In response, Cyworld Z consulted a major law firm over the past month, revised Cyworld's terms of service, and completed the legal procedures to apply them.
Recognizing the bereaved's 'digital inheritance rights' is a global trend, not just in Korea.
In July 2020, an Austrian woman filed a lawsuit against Apple, claiming access rights to her deceased husband's iCloud (Apple's data storage drive system). The court ruled in her favor, adding to the precedent of viewing digital assets as inheritable property.
Following this, in December, Apple released a service in the updated iOS 15.2 version allowing account owners to designate up to five 'Legacy Contacts.'
Chinese IT company Tencent filed a patent in 2019 titled 'Regarding the Inheritance of Digital Items and Assets after a Person's Death' in China and received final approval in 2021. The patent includes provisions for members to designate heirs and assets in a will, enabling the transfer of assets to those heirs afterward.
Notably, it attracted attention for allowing the inheritance of digital items used in games by the deceased, expanding the scope of inheritable 'digital assets.'
However, opinions remain divided on what should be included as 'digital assets' and the extent of the 'heirs' scope.
In particular, Korea currently lacks clear legislation regarding digital inheritance. In 2013, Assemblyman Kim Jang-sil (then of the Saenuri Party) proposed a 'Digital Asset Inheritance Act,' but it was discarded.
Amid this, Cyworld Z has called for the legalization of digital asset inheritance rights.
Cyworld Z stated, "There are no explicit laws regarding digital assets in Korea," and added, "We are actively preparing to request legislation on digital asset inheritance rights to the legislative body in cooperation with a major law firm."
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