“Digital memory”: mother wins right to access dead daughter’s cell phone

São Paulo – The São Paulo court recognized the right of a resident of Barueri, in the metropolitan region of São Paulo, to have access to the digital files on her daughter’s cell phone, who died of Covid-19 three years ago. The decision was published last Friday (26/4).

According to the records, after her daughter’s death, the woman requested the unlocking of her cell phone from the company Apple, responsible for the service, claiming to be the sole heir and entitled to the assets left by her daughter, which would include the device’s digital collection, such as photos. , videos, audios and messages.

In March 2021, amid the Covid-19 pandemic, the owner of the cell phone was affected by the disease. In the first days of infection, she needed to be intubated and remained in the Intensive Care Unit (ICU), without the possibility of maintaining any contact with her mother, according to the defense. The daughter died the following month, aged 29.

In the request to unlock the device or transfer the Apple ID, which contains the user’s personal data and settings, the woman’s defense cited as the reason the “attempt to reduce the anguish of homesickness” for her daughter.

“Affective collection”

“The memories that are on the device will be of great value to your emotional and sentimental collection,” he said. Furthermore, the woman also wanted to use her cell phone, “which is still in good condition”.

The unanimous decision of the 3rd Chamber of Private Law of the Court of Justice of São Paulo says that, although there is no specific regulation, the digital assets of a deceased person can be part of the estate and be inherited.

“There is no justification for obstructing the right of the sole heir to have access to the memories of her deceased daughter, and in the context of the case, there is no evidence of a violation of any personality rights of the deceased, notably due to the absence of a specific provision contrary to access by your digital data by the family”, he wrote.

“It should also be added that there was no resistance from the appellant [Apple] to the request to transfer access to the deceased’s account, as long as there was a prior court decision in this regard”, concluded judge Carlos Alberto de Salles.