Legal Validity of Prior Consent for the Digital Reconstruction of a Person After Death

Abstract

The purpose of this study is to formulate a holistic, scientifically grounded concept for the legal regulation of post-mortem digital personality reconstruction. This concept accounts for contemporary challenges posed by the development of artificial intelligence, digital platforms, and the transformation of privacy as a legal institution. The paper analyzes doctrinal approaches to the post-mortem protection of non-property rights, digital identity, and a person's lifetime expressions of will. It identifies gaps in current legal regulation, particularly within inheritance, civil, and information law.

The methodological basis of the study comprises general scientific and specific legal methods, including formal-legal, comparative-legal, and system-structural approaches, as well as the method of legal modeling. These methods enabled a comprehensive assessment of European and Anglo-American approaches to regulating digital assets and post-mortem privacy.

The study substantiates that digital personality reconstruction cannot be reduced solely to an object of inheritance or a set of personal data, as it involves the continuation of an individual's non-property rights after death. The article proves the necessity of distinguishing lifetime consent for digital reconstruction as an independent legal institution. This institution is of an interdisciplinary nature and requires specific criteria regarding its content, form, and implementation limits. The author proposes a model of legal regulation that integrates elements of civil, inheritance, and information law. This model aims to balance technological innovation with respect for human dignity and the protection of the deceased's memory.

It is concluded that implementing a special legal regime for digital reconstruction in Ukraine will enhance legal certainty, minimize abuses in artificial intelligence usage, and harmonize national legislation with European standards regarding privacy protection and human dignity.