As we continue to discuss the data protection bill, an issue that has come
up and is not captured in the proposed laws is the issue of legacy.
For example, a viral clipping in social media has a newspaper report
stating that a woman who was recently murdered was HIV positive. Normally,
HIV status is sensitive personal information that would not be disclosed.
Which begs the question, what should happen to personal data on the death
of a person? Should we treat data as property that is transferred during
succession or should anyone with a legitimate interest be able to access
it? Should data processors/controllers have to delete such data?
Is this something that should be addressed in the proposed law or should we
wait for judicial interpretation?
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