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The Superior Court of Justice (STJ) decided that a judge can appoint a digital administrator to access computers, tablets, or other electronic devices of deceased individuals. This unprecedented measure was taken by the 3rd Chamber in a special appeal related to the inventory of victims of a helicopter accident in São Paulo that occurred in 2016.
The decision was motivated by a request from the administrators seeking access to information stored on three tablets of the deceased, in order to identify assets with economic or sentimental value. The manufacturer Apple refused to provide the unlock passwords, which led the case to the Judiciary.
According to the rapporteur, Minister Nancy Andrighi, allowing heirs or the company itself direct access could expose highly personal information protected by confidentiality. Therefore, she advocated for the creation of an intermediary expert, to be called a digital administrator.
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Unprecedented Role in the Inventory Process
The digital administrator is not related to the figure provided for in the Civil Code. They do not represent the estate, but act as an expert to access the devices, extract data, and filter only what is relevant to the inventory process.
The minister emphasized that the expert should “meticulously list everything that exists on the device”, separating digital assets that may be part of the inheritance without violating the privacy rights of the deceased.
This role aims to ensure that confidential information, such as private communications or medical data, is not improperly transmitted. The judge will have the power to decide what can or cannot be incorporated into the inventory based on the report presented by the digital administrator.
Divergence in the Ruling
Despite a favorable majority, Minister Ricardo Villas Bôas Cueva expressed a dissenting opinion. He argued that there is no need to create an intermediary since the heirs have the duty to protect the personality rights of the deceased.
Cueva advocated that the judge could impose secrecy of Justice to protect the data or apply mechanisms such as civil liability in cases of misuse of the information.
He warned that the decision could create an “unjustifiable differentiation” between digital and analog assets, pointing out that a private letter can be opened by heirs, but an electronic message would be subject to different rules.
Impact on Digital Inheritance
The 3rd Chamber’s decision marks an unprecedented precedent in Brazilian jurisprudence regarding so-called digital inheritance, a topic increasingly relevant in the technological age. The case is registered under the number REsp 2.124.424.
The winning vote from Nancy Andrighi was accompanied by Ministers Humberto Martins, Moura Ribeiro, and Daniela Teixeira. The dissent of Villas Bôas Cueva was isolated.
The court considered that the solution balances the rights of heirs to access estate assets and the protection of the privacy of the deceased.
Origin of the Case
The process began after the death of a family in a helicopter accident in São Paulo in 2016. During the inventory, the heirs requested access to the tablets to identify financial assets and items of sentimental value.
Apple denied the request, citing technical and legal impossibility of providing passwords. The lower courts also rejected the request, arguing that the claim represented a high inquiry question that should be resolved in a proper action, not within the inventory.
With the appeal to the STJ, the 3rd Chamber amended the previous decision and determined that the procedure could indeed be handled within the inventory context, provided there is the intermediation of the digital administrator.
Repercussion
The decision was reported by the legal portal Conjur, which highlighted the unprecedented nature of the measure and the potential to pave the way for future regulations on digital asset succession in Brazil.
Experts believe the precedent may guide similar cases involving social media, emails, cloud files, and other digital assets of deceased individuals.
The debate underscores the need for legislative updating, as the Civil Code of 2002 does not include specific rules for digital asset transmission in inheritances.
Do you agree that the judge should appoint a digital administrator to protect the privacy of the deceased, or should heirs have direct access to digital assets?
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