Field RemarksInformation & LawLab NotesLiving between the linesNotesObservations

Digital identities and assets in case of death or incapacity – A first summary

The text that follows both summarizes (but discussion is only just beginning) and complete previously published notes on the subject beginning with this one. This text is derived from my notes in preparation for the interview I gave to the La Sphère on the Première Chaine of Radio-Canada, February 4, 2012.

The personal story

As I became a grandfather in May, I thought it was a good time to review my will and mandate in case of incapacity. Except that I discovered that I had to ask my representatives or executors to handle lots of online accounts and digital documents. The large majority of my documents are to be found in digital forms: letters, records, invoices, contracts, tax documents, bank and accounting books, photos. These files are embedded in computers, hard drives, servers, USB keys, DVDs, data cards, media player protected by user names, passwords, and encryption keys.

Pierrot Péladeau en entrevue - in interview

As many of you, several dimensions of my life are carried on: (more…)

Field RemarksInformation & LawLab NotesLiving between the linesNotesObservations

The Chambre des notaires corrects its position on the management of digital identities and assets

ObservationsEarlier this week, I reported that Antonin Fortin, Director of Communications and Assistant to the President of the Chambre des notaires du Québec (CNQ, notaries’ professional corporation), wrote about management of digital identities and assets in case of death or incapacity:

We are talking about a complex, relatively new and evolving phenomenon. In addition, the CNQ cannot substitute itself to the legislator and “create” law in this matter. To our knowledge, there is no guide to meet your expectations.

(My translation)

Having been invited to an interview on the subject on La Sphère radio show on Radio-Canada’s Première Chaine on Saturday, February 4, I wanted to get confirmation that this response did represent the official position of the corporation.

On the phone, Mr. Fortin told me that he read again my emails and then realized that he had not properly understood what was their subject-matter. He said that the official position of the Chambre des notaire would rather be that it asked Mr. Salvas Bertrand, a notary who works mainly in training and is interested in this subject, to study the issue and quickly formulate recommendations. These could possibly take the form of advices, guides and training contents.

Specifically, Antonin Fortin said he had forwarded my emails and my proposals to Mr. Salvas.

That is reassuring. Indeed, is the mission of a professional corporation not precisely to protect the public?

Field RemarksInformation & LawLab NotesLiving between the linesNotesObservations

The Chambre des notaires abdicates management of digital identities and assets

Observations

Last week I reported that my notary declared that she was unable to help me manage the components of my digital of identities and assets in case of death (will) or inability (mandate).

I also described calling the legal information service of the Chambre des notaires du Québec (notaries’ professional corporation). The answering notary found my questions quite relevant and about pressing issues. However, she told me that the corporation had no available guide, checklist, standard clauses for will or mandate in case of incapacity, nor specific training to its members about these issues.

After publishing this article, I wrote to Jean Lambert, president of the Chambre des notaires (CNQ). I briefly described my situation and actions I took before asking the following questions:

Are there any guides, checklists, model provisions or tips on these topics?

If not, what are you waiting for to help us to live and die peacefully in this twenty-first century?

Response from the Chambre des notaires

In the absence of Mr. Lambert, it was Mr. Antonin Fortin, director of Communications and assistant to the president who responded: (more…)

Field RemarksInformation & LawLab NotesLiving between the linesNotesObservationsReflections

Self-managing our digital identity, digital assets and intellectual property in case of death or incapacity

ObservationsNow a grandfather, I had to revise my will and mandate in case of incapacity. Except that this time, I found out that I must ask my potential agents and testamentary executors to deal with the ubiquity of digital media. That does complicate their task.

Only a few years ago, one could easily find the documents of an incapacitated or deceased person. It was enough to systematically round the various places where the person lived and worked. The nature of the documents generally jumped in the eyes: contracts, invoices, private correspondence, books, recordings, professional documents, etc. In the absence of specific instructions, one could apply certain customs: such as delivering private correspondence items to their authors, distribution of content libraries, records shelves, photo albums or collections to interested close ones; retention of fiscal documents for some six years before destroying them.

Digitalization of assets

As more and more people around me, I hold less and less documents on paper or other macroscopic media. Already, most of my documents are to be found in digital forms: private correspondence, files, invoices, contracts, tax documents, banking and accounting, books, music, photos, work documentation, etc. (more…)

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