Just like any physical property, such as real estate, you can assign your rights as a data subject to your legal assignee or lawful heir. Similarly, you may assert another person’s rights as a data subject, provided he or she duly authorized you as a “legal assignee”. You may also invoke another person’s data privacy rights after his or her death if you are his or her legal heir. This same principle applies to parents of minors, or their legal guardian, who are responsible for asserting their rights on their behalf. This right, however, is not applicable in case the processed personal data being contested are used only for scientific and statistical research.

The practical need for transmissibility

An individual’s personal data lives on even after his death. As such, they could still be subject to privacy violations whether intentional or otherwise. The Data Privacy Act of 2012 included this provision to protect their privacy rights through a living person willing to assume the responsibility on their behalf. The transmissibility of data privacy rights has been extended to living adults who are unable to protect their own rights and wish to assign the responsibility to someone else.

How to execute

Data subjects who are alive but incapacitated, and for some reason are unable to assert their own personal privacy rights but wish to authorize a “legal assignee” to act as their proxy may do so by executing a legal notice to the effect, such as through a Special Power of Attorney. In case of a deceased data subject, the legal heir must be prepared to show legal evidence to back their claim. Parents or guardians automatically assume the responsibility of protecting the privacy rights of minors under their care.