By Megan Comerford and Tim O'Callaghan, Piper Alderman

Every person who participates in social media or any online activity creates data every day. Additionally, through the electronic storage and sharing of data, much of our "real-world" lives also cross over with our online personas.

Does this social media data form part of our estate when we die? If not, what happens to it?

At the moment, it depends -- on the terms of service of different websites, on the country and state you live in, and on how accessible the data is. In fact, it is virtually impossible to know how all of your digital assets will be handled after death, even if you try to adequately prepare for this.

In some contexts, digital data should be viewed as if it were physical property. It can have monetary value. For example, a recently deceased writer might have stored a "next big thing" novel in a Dropbox. Everyday online accounts, such as iTunes and PayPal accounts, can have value. Even if there is no financial value involved, there is no doubt that social media accounts contain personal data in the form of content, photographs and videos that have considerable sentimental significance. This is especially so for family members of a person recently deceased.

Takeaway tips

• Online users should make sure that any data they would want to keep, or bequeath upon death, is extracted from the website, portal or service -- make a copy.
• Users should fully review terms of service, particularly where money changes hands or where data with sentimental value is involved.
• Online service providers will always want to protect the privacy of users, so as not to compromise trust in the service.

There is no simple answer to the question "what will happen to my data after I die?" Much of the action that could reasonably be taken by a user (whether relating to social media, email or online accounts for music and books) before death is against the terms of service of the particular platforms in question.

Any action taken afterwards by family members and loved ones of those who have died may breach the individual's privacy and, regardless, organisations such as Facebook will resist handing out data.

Ultimately, as individuals we have less control than we think over our digital personas -- the simple "click" to accept the terms of service when setting up an account or purchasing a song severely restricts any freedom or control over the data created from that point onwards.

What becomes of data after death remains unclear. Only one concept is reasonably certain: you can't take it with you.

Extract from Privacy Law Bulletin, February 2015, Volume 12 No 1 & 2