UK Helpline: 0345 123 2304 | tcf.org.uk Please note: A “digital asset” is something of commercial value that exists or is accessed solely by digital or electronic means. Digital assets include software, photographs, logos, artwork, music, eBooks, animations, videos, presentations, and online bank accounts. These types of digital legacy are beyond the scope of this leaflet. If you need to access your child’s digital assets, it is best to take legal and technical advice. Privacy concerns and other considerations It is wise to pause before we step into our child’s digital world and ask ourselves the same type of questions that we might consider before reading their diaries. Once we enter, we may discover networks of friends we knew nothing about. We may discover interests and activities which we were unaware of. We may find ourselves reading their private correspondence or discover very personal matters. So, there are a few important factors to consider before going any further. Naturally, much depends on the age of our child. If they were a teenager or an adult, it will be quite different from a younger child. Also, if our adult child was married or in a civil partnership, we are most likely not their next of kin, and we therefore may not have the legal right to take possession of their devices or social media accounts. The primary issue is our child’s own intentions and wishes. If they were anticipating their death, they may have made some arrangements for their digital legacy, or at least expressed their wishes. They might have asked a close friend or a sibling to act on their behalf. If we cannot find explicit guidance, we may be steered by our knowledge of our child and their views on privacy. We may have to balance our own desire to find out as much as we can about our child with a consideration of how they may have felt about this. We may wish to discuss this with other family members. Secondly, there is the privacy of those with whom our child has communicated. If we gain access to their email, WhatsApp and social media accounts, we will be looking at an exchange of communication between them and their friends. Some might have been clearly intended for public viewing, such as a public Facebook post or blog, but others may have been private conversations.
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