Title: Data & Ageing Societies: A case study
This talk will share learnings and insights from a UK government service design project called, Modernising Lasting Powers of Attorney (LPA). The project has employed the use of user-centred design and digital sociology methods to design a new digital channel (and having to change primary legislation in the process!), and inform government stakeholders on how society’s ideas and expectations around data are changing.
This talk will share lessons on designing public services for older members of society and explore the challenges and limitations existing legislation has on the data rights of those living with fluctuating mental capacity and those who have lost mental capacity. What happens to our personal data when we can no longer make decisions about how it’s used and who uses it? How do we protect the data rights of this growing group of vulnerable people? Within this complex, deeply nuanced and poorly explored space, we will propose if a new legal instrument is needed in society; the data LPA.
Speakers: Lisa Talia Moretti, AND Digital, Simon Manby, Ministry of Justice Digital UK
Title: Inheritance conflicts & PDSs
For numerous reasons, relatives try to gain access to a variety of digital assets left behind by the deceased. As a result, the transmission of digital assets after death raises various questions in inheritance law. As a personal data space possibly contains any type of data, such as verifiable credentials, documents and digital media, similar questions will inevitably arise. In this presentation, as a first step, we will set out the different possible confrontations between subjective rights sensu lato, being property, contract and personality rights of a heir, relatives and providers. In a second step, the presentation will explain how these different rights protect different types of monetary and material claims. Based on insights gained within these two functional steps, the presentation will take on the assumption that different subjective rights from different branches of law can be aligned as far as the interest of the stakeholders can be aligned. Further elaborating on existing international and national jurisprudence, possible alignments of different subjective rights will be touched upon to challenge this assumption. In conclusion, possible alignments of subjective rights of stakeholders through the use of personal data spaces will be substantiated.
Speaker: Stijn Debie