Volume 28, Issue 12 (3-2022)
RJMS 2022, 28(12): 366-379 |
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Ruhollah Raisi R R, Adnani M. A Jurisprudential and Legal Analysis of Digital Death and the Management of Patients’ Virtual Identity after Death: An Approach in Medical Ethics. RJMS 2022; 28 (12) :366-379
URL: http://rjms.iums.ac.ir/article-1-9086-en.html
URL: http://rjms.iums.ac.ir/article-1-9086-en.html
, roohollah.reisi@pnu.ac.ir
Abstract: (43 Views)
| Background & Aims: The rapid advancement of digital technologies in the field of healthcare has significantly transformed the management, storage, and transmission of patient data. With the emergence of electronic health records (EHRs), cloud-based medical platforms, wearable health devices, and virtual healthcare applications, vast amounts of personal and sensitive information are now stored in digital formats. While these technologies have improved access to and continuity of care, they have also introduced complex legal and ethical challenges—particularly in relation to patient data after death. The notion of "digital death" refers to the continuation of an individual's virtual presence and data footprint beyond their physical demise, encompassing social media accounts, medical records, genetic data, and more. In this context, a major question arises: What happens to a patient's medical and digital data after their death? Are these data protected by legal and ethical standards? Who holds the rights to access, control, or delete them? These questions are especially critical in the absence of explicit legal provisions. The issue becomes even more sensitive when it involves deeply private medical information. This study aims to explore the legal and Islamic jurisprudential (fiqh) perspectives on the posthumous status of patients’ digital medical data within the legal system of the Islamic Republic of Iran. It also investigates the ethical duties of healthcare providers and institutions in protecting the privacy and dignity of deceased patients. Methods: This research adopts a descriptive-analytical approach, relying on qualitative content analysis of legal texts, Islamic jurisprudential sources, and ethical codes relevant to medical confidentiality and digital data. Primary sources include the Constitution of the Islamic Republic of Iran, the Islamic Penal Code (especially Article 648 on medical secrecy), health regulations, and selected international legal instruments (e.g., the General Data Protection Regulation – GDPR, and HIPAA in the United States). In addition, the study analyzes relevant fatwas and classical fiqh rulings by prominent jurists of the Shi’a tradition that address the sanctity and confidentiality of personal information both before and after death. The study also draws comparative insights from countries that have codified laws on digital legacy and post-mortem data protection. Results: The findings indicate a significant legal gap in Iranian law regarding the treatment of digital medical data after a patient’s death. Although principles such as professional secrecy, respect for human dignity, and confidentiality are embedded in Iran’s legal and ethical framework, they are primarily interpreted within the context of a patient’s lifetime. There is no specific statute or regulation that addresses the status, control, or disclosure of digital medical data posthumously. This legal silence leads to ambiguities and inconsistencies in the handling of such data by hospitals, physicians, and insurance companies. From an Islamic jurisprudential viewpoint, several foundational principles suggest a strong obligation to protect the privacy of deceased individuals. The concept of hurmat al-mu’min (the sanctity of a believer), the prohibition against disclosing a believer’s secrets (ḥurmat ifshāʾ sirr al-muʾmin), and the general rule of honoring the deceased all support the notion that personal and sensitive data should remain confidential after death. For example, a well-known narration from Imam Ja‘far al-Ṣādiq (peace be upon him) states: “A believer is entrusted with the secrets of his brother, in life and in death.” This hadith underlines the moral and legal continuity of privacy obligations beyond death. Furthermore, the study shows that the lack of posthumous data regulations in Iran has practical implications. Medical institutions are uncertain about whether they can release a deceased patient’s records to heirs, law enforcement, or third parties. Similarly, digital health platforms that retain information in the cloud do not have a clear legal basis for how long to store, delete, or anonymize data once the patient has passed away. In cases where medical data might be relevant to a malpractice claim or for scientific research, the absence of regulation may lead to either excessive data exposure or unjustified withholding, both of which compromise legal balance and ethical integrity. By contrast, legal systems in the European Union and the United States have taken more definitive steps to regulate posthumous data. The GDPR, for instance, allows member states to define policies on processing personal data of deceased persons, and several EU countries have enacted national laws accordingly. The HIPAA regulations in the U.S. extend protection to medical data for up to 50 years after a person’s death. Such measures provide a legal framework that respects both the rights of the deceased and the interests of surviving family members or institutions. Conclusion: In conclusion, the lack of a specific and comprehensive legal framework in Iran regarding digital medical data after death presents serious legal, ethical, and practical challenges. The current laws are inadequate for addressing the complexities introduced by digital health technologies and the continuation of virtual identity post-mortem. However, Islamic jurisprudence offers a strong ethical foundation for extending privacy protections beyond death, suggesting that a jurisprudence-based approach can help fill the legislative void. The findings highlight the urgent need for Iranian lawmakers and health authorities to formulate a dedicated law governing posthumous digital medical data. Such legislation should clarify ownership rights, conditions for access by heirs or institutions, the role of prior patient consent (e.g., through digital wills), and safeguards against misuse. It should also incorporate principles of Islamic ethics and contemporary legal standards to ensure both religious compatibility and technological relevance. Establishing such a legal framework would enhance trust in the healthcare system, protect the dignity of deceased patients, and ensure the responsible use of medical data in accordance with both national values and global best practices. |
Type of Study: Research |
Subject:
Clinical Psychiatry
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