A natural extension of the consideration of the legal status of data is the question of whether data can be inherited. This is no longer just a theoretical issue. Data are increasingly valuable, making it vital to answer the question of whether data constitute an asset of the decedent’s estate that can be taken over by the heirs.
According to the Polish Civil Code, the decedent’s property rights and obligations are the subject of succession. But the estate does not include the decedent’s rights and obligations closely linked to his person and rights which, upon death, are transferred to designated persons irrespective of whether they are heirs.
Is it possible to inherit data based on such a definition of inheritance?
First of all, to answer this question, it is necessary to recall the division into different categories of data which, like the issue of classifying certain types of data as property rights, has already been analysed in our data economy series. Indeed, depending on which category of data we are dealing with, the assessment of whether a right or obligation should be included in the estate changes.
