Personal data of deceased persons

Overview

Country
Last reviewed
Personal data of deceased persons

Austria 05.06.2018 No, the ADPA does not provide for special provisions on the processing of personal data of deceased persons.
Belgium 17.05.2018 n/a
Czech Republic 16.05.2018 n/a
Denmark 22.05.2018 § 2(5) states that the Data Protection Act and the GDPR applies to deceased persons until 10 years after the date on which they died.
Finland 17.05.2018 The proposed Data Protection Act does not apply to the processing of personal data of deceased persons.
France 22.05.2018 The New Data Protection Act does not change the right already provided by the Loi Informatique et Libertés allowing data subjects to set down instructions for the management of their personal data post mortem.
Germany 23.05.2018 No
Hungary 17.05.2018

The draft bill amending the InfoAct, as prepared by the Ministry of Justice, contains provisions on the processing of deceased persons' personal data. It grants to the deceased persons' close relatives the right to erasure and to obtain restriction of processing, upon request made within five years following the death.

Update (04 December 2017): it is likely that the Ministry of Justice will retain these provisions in the next draft. 

Ireland  7.06.2018 n/a

Italy 17.05.2018

The Section 2-duodecies of the IDPA, as amended, foresees that the rights referred to in Sections 15 to 22 GDPR can be activated by an individual who has an interest in the protection, by his agent, or for family reasons worthy of protection ("Representative").

The exercise of rights by Representatives is not permitted in cases prescribed by law or when, in respect of the direct offer of information society / online services, the data subject has expressly forbidden it by way of a written declaration provided or communicated to the data  controller.

Netherlands 17.05.2018 n/a
Poland 16.05.2018 n/a
Spain 16.05.2018 Even though the Spanish Data Protection Draft Bill does not apply to the personal data of deceased persons, Article 3 of this draft bill provides that the heirs of deceased persons are entitled to access, and request deletion and rectification from the applicable controllers or processors, unless the deceased person would have prohibited it or an applicable law states so. Executors can also act as heirs. If the heir is a minor or is disabled then the Public Prosecutor can act on their behalf.
Sweden 22.05.2018 n/a
UK 23.05.2018 n/a