Under the GDPR, anyone can make a subject access request or ask for their personal data to be erased (within limits etc.).

What if the subject is deceased? Does the widow/widower or do the children inherit this right, accessing the personal data (or requesting its erasure) of the deceased?


1 Answer 1


No, the GDPR does not apply to dead persons. Consequently, no data subject rights exist that could be exercised.

However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.

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