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- Xref: sparky comp.admin.policy:932 misc.legal:15113
- Newsgroups: comp.admin.policy,misc.legal
- Path: sparky!uunet!das.wang.com!wang!fitz
- From: fitz@wang.com (Tom Fitzgerald)
- Subject: Re: Summary (long): Policy survey on deceased user
- Organization: Wang Labs, Lowell MA, USA
- Date: Wed, 29 Jul 92 21:27:49 GMT
- Message-ID: <bs66af.g3o@wang.com>
- References: <1992Jul28.143433.26548@menudo.uh.edu>
- Keywords: deceased, privacy, policy
- Sender: news@wang.com
- Lines: 31
-
- sears@tree.egr.uh.edu (Paul S. Sears) writes:
-
- [ Concerning access to the computer account of a student who has died ]
-
- > 4) The current policy of Academic Computing is that the only person who can
- > *legally* access an account is the one who signed the account application,
- > which means that the parents cannot be given access. In essence I agree, but
- > was that a decision that would legally hold water??
-
- As far as I know, no. By law the executor becomes, to some extent, the
- person who signed the account application. Their signature is as good as
- the deceased's ever was, and can draw on the deceased's money, and settle
- contracts under the deceased's name. I believe the executor (as the
- persona of the student's estate) is also legally bound by commitments the
- student had, so if the student signed a nondisclosure agreement, the
- executor would be bound by it. Withholding the student's property from the
- executor is legally equivalent to withholding them from the student himself
- if he hadn't died - it would be legal (and ethical) only if there's some
- dispute about who the files actually belonged to.
-
- I'm pretty sure this is the case if the probate is handled by a Muniment of
- Title, which is often used for simple probate cases (and I can't believe a
- student's would be very complicated). It may apply, with more
- restrictions, to other kinds of probate.
-
- This is crossposted to misc.legal - I'm sure people there will be delighted
- to correct me if I'm wrong.
-
- --
- Tom Fitzgerald Wang Labs fitz@wang.com "I went to the universe today;
- 1-508-967-5278 Lowell MA, USA It was closed...."
-