Occasionally, some cases call our attention due to their proximity to our daily lives, especially in the digital age. For you to understand what I mean, imagine what you would do if your partner died tragically and it was impossible to recover the photos of your family that were in his account?
That was the difficulty faced by the American Nicholas Scandalios, who appealed for justice to be able to access the photos of her ex-husband, Ric Swezey, stored in iCloud. Swezey was a photographer and died in an accident two years ago, as the MarketWatch.
To complicate the situation of Scandalios, your ex-husband's will does not include any information about access to your digital information. Thus, the judge responsible for the case, Rita Mella, decided that the photos were not a form of “electronic communication” that requires proof of consent or even a court order, favoring the position of the living.
Surprisingly (or not), the judge stated that Scandalios have the opportunity to reset their ex-husband's Apple ID password, something that rarely happens when it comes to Ma accounts. In the USA, most states (including New York) , stage of decision) has laws that grant an executor access to all storage material on a device, but requires a court order or will for data stored online (such as iCloud).
Although there are resources that make it possible to share photos and videos with the family, this is a relatively new issue for technology companies and for justice; iCloud, for example, was launched in 2011 and the iCloud Photo Library in 2014.
In that sense, Apple typically complies with laws to access user information online, but sometimes resists some decisions that can inflict on the privacy of its devices such as the case involving the company and the FBI in which the body of intelligence resorted to alternative methods to unlock the device.
via The Loop