German court decides Parents can’t access deceased child’s Facebook account

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A German appeals court has decided that the Facebook account belonging to a deceased minor cannot be accessed by the deceased minor’s parents, according to German business website Handelsblatt. A couple in Berlin sued for access to the Facebook records of their daughter after she was killed by a subway train in Berlin, hoping to find clues as to the events leading up to her death. They were particularly interested in the chat records, which they thought might provide clues as to whether the daughter’s death might have been a suicide.

The lower court decided for the parents, determining that the Facebook account was part of the deceased minor’s estate. In deciding to appeal, Facebook, the subject of much criticism in Germany for its handling of data privacy, found itself in the unusual position of defending those same rights. The appellate court decided against the parents, and refused access. It appears likely that the parents will appeal the decision.

In the United States, Facebook generally does not allow parents access to a child’s account, deceased or not. Facebook does allow parents to request that the account be terminated, rather than leaving it online in “memorialized” mode, and in rare instances Facebook will honor requests for account data by parents or other authorized individuals.