User:MooCow1/Post-mortem privacy
I have several ideas thus far for this article. Firstly, I would like to outline the existing rights and laws pertaining to postmortem privacy. I think it would also be beneficial to discuss postmortem publicity laws since they were established from privacy law and have substantial overlap with privacy laws. In addition, there a a few significant court cases that address key aspects of these laws that could be mentioned as well. I would then like to discuss some of the concerns and challenges to postmortem privacy that are either not covered under already existing laws or are a result of them. This includes but is not limited to issues that have emerged in the digital age (i.e. online password protected accounts of deceased individuals, electronic wills, etc.). I also think it could be interesting to discuss the rising controversy over use of deceased artists' works and images.
I have compiled a list of potential sources for this article:
Banta, Natalie M. 2016. "Death and privacy in the digital age." North Carolina Law Review, 3: 958.
Retrieved October 12, 2017 (InfoTrac LegalTrac, EBSCOhost).
Berg, Jessica W. 2001. "Grave secrets: legal and ethical analysis of postmortem confidentiality.” Connecticut Law Review, (1):81. Bo, Zhao. 2014. "LEGAL CASES ON POSTHUMOUS REPUTATION AND POSTHUMOUS
PRIVACY: HISTORY CENSORSHIP, LAW, POLITICS AND CULTURE." Syracuse Journal Of International Law & Commerce, 42(1): 39-122.
Buitelaar, J. 2017. “Post-mortem privacy and informational self-determination.” Ethics & Information Technology, 19(2):129. Chu, Natasha. 2015. "Protecting Privacy after Death." Journal of International Human Rights, 13(2): 255-
275.
Decker, Michael. 2009. "Goodbye, Norma Jean: Marilyn Monroe and the Right of Publicity's Transformation at Death." Cardozo Arts & Entertainment Law Journal, 27(1): 243. Fennimore, Keenan C. 2012. "RECONCILING CALIFORNIA'S PRE, POST, AND PER MORTEM RIGHTS OF PUBLICITY." Indiana International & Comparative Law Review 22(2): 377-409. Gaied, Melissa. 2016. "Data after death: an examination into heirs' access to a decedent's private online
account." Suffolk University Law Review, 2: 281. Retrieved October 12, 2017 (InfoTrac LegalTrac, EBSCOhost).
Goldman, Lee. 1992. "Elvis is alive, but he shouldn't be: The right of.." Brigham Young University Law Review, (3): 597. Harbinja, Edina. 2017. “Post-mortem privacy 2.0: theory, law, and technology.” International Review of Law, Computers & Technology, 31(1): 26-42. Hicks, Aubrie. 2012. "The right to publicity after death: post mortem personality rights in Washington in
the wake of Experience Hendrix v. HendrixLicensing.com." Seattle University Law Review, (1): 275.
Kels, Charles G. 2011. "PRIVACY AFTER DEATH?." Reporter, 38(3): 36 Kels, Charles G., and Lori H. Kels. 2013. "Commentary: Medical Privacy After Death: Implications of
New Modifications to the Health Insurance Portability and Accountability Act Privacy Rule." Mayo Clinic Proceedings 88: 1051-1055.
Lopez, Alberto B. 2016. "POSTHUMOUS PRIVACY, DECEDENT INTENT, AND POST-MORTEM ACCESS TO DIGITAL ASSETS." George Mason Law Review, 24(1): 183. Moore, Quianta L., Mary A. Majumder, Lindsey K.Rutherford, et al. 2016. "Ethical and Legal Challenges
Associated with Public Molecular Autopsies." Journal Of Law, Medicine & Ethics, 44(2): 309-318.
Rothstein, Mark A. 2013. "HIPAA Privacy Rule 2.0." Journal Of Law, Medicine & Ethics, 41(2): 525- 528. Siddiqui, Mahira. 2014. “Narrowly Restricting “clearly Established” Civil Liberties: The Constitutional
Ramifications of a Family Member’s [under]protected Federal Privacy Rights in the Dissemination of Postmortem Images in Marsh v. County of
Sand Diego.” Golden Gate University Law Review, 44(1): 81-99.
Smith, Shannon Flynn1. 2013. "IF IT LOOKS LIKE TUPAC, WALKS LIKE TUPAC, AND RAPS
LIKE TUPAC, IT ' S PROBABLY TUPAC: VIRTUAL CLONING AND POSTMORTEM RIGHT-OFPUBLICITY IMPLICATIONS." Michigan State Law Review, (5): 1719-1761.
Smolensky, Kirsten Rabe. 2009. “Rights of the Dead.” Hofstra Law Review, 37(3): 763-804 Terilli, Samuel A., and Sigman L. Splichal. 2005. "Public Access to Autopsy and Death-scene
Photographs: Relational Privacy, Public Records and Avoidable Collisions." Communication Law & Policy, 10(3): 313-348.