Legal Adaptation of Digital Estate between Transfer and the Right to Privacy

Abstract

Technology has become a slogan for this era, and a starting point for the advancement of services that the world has not seen throughout history, including the acceleration in this era by providing more means and mechanisms that enable man to harness the environment around him, the World Wide Web has imposed patterns of behaviours and traditions, which caused the creation of challenges to legal concepts, and among those new concepts that need to be legally addressed is the electronic inheritance, which means all the electronic property left by the deceased whose content is of value, in which the personal aspect predominates over the financial aspect. Such as Facebook, Twitter, Tiktok, YouTube, and all videos and audio recorders published in it, or unpublished, and the course of their legal wording revolve around a question: How portable or inheritable are these rights after testators death? When testing both possibilities, we must adapt the subject with the right or money, and adapting it creates a risk of violating the right to privacy, because it is considered by personal right, and therefore cannot be transferred or inherited after the inheritor, and in the light of the above, we believe that it is necessary to discuss finding legal solutions to the issue, especially since the Iraqi legislator left the issue unaddressed.