Herança digital: o direito sucessório face a proteção de dados

Abstract

This article aims to analyze the digital inheritance from the perspective of the protection of sensitive and personal data, considering also the institutes of Inheritance Law, especially from the understanding that digital inheritance can be divided into digital, patrimonial and existential assets; leading to the questioning of the applicability of law n. 13.709/2018, popularly known as the General Data Protection Law, to the protection of the category of assets covered by this article, and the possibility of them being part of the deceased's estate. This theme is pertinent when it is understood that that Law must accompany the development of society in order to correctly protect the rights guaranteed to citizens by the national order, with emphasis on the protection of human rights, including personality rights such as honor image and privacy.