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@article{187837,
        author = {Dr. Swarup Mukherjee},
        title = {Digital Death: Legal Rights of Digital Avatars and Posthumous Data},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {6},
        pages = {6806-6814},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=187837},
        abstract = {The rapid expansion of artificial intelligence, immersive virtual worlds, and data-driven ecosystems has transformed the boundaries of human identity, giving rise to a new dimension of existence: the digital self. Individuals today cultivate extensive online footprints—ranging from social media profiles and cloud archives to AI-trained personal assistants and interactive digital avatars. As these digital manifestations increasingly mirror human personality, preferences, and behaviour, the question of what becomes of such digital traces after biological death has emerged as a critical issue in contemporary legal discourse. This article investigates the evolving concept of digital death by analysing the legal, ethical, and doctrinal challenges associated with posthumous digital existence. It interrogates the legitimacy and scope of rights that may be claimed by or on behalf of digital avatars, including personality rights, autonomy, and protection against misuse or unauthorized simulation. Further, it examines the status of posthumous data under privacy law, intellectual property regimes, and succession frameworks, highlighting inconsistencies across jurisdictions. Drawing on comparative jurisprudence, platform governance policies, and emerging scholarship on digital personhood, the article proposes guiding principles for a coherent legal architecture that safeguards human dignity, autonomy, and identity in an era where individuals may continue to “exist” digitally long after their physical lives end.},
        keywords = {Digital Death; Posthumous Data Rights; Digital Avatars; AI Personhood; Digital Estate; Posthumous Privacy; Data Protection; Personality Rights; Digital Legacy; Digital Succession; AI Resurrection; Griefbots; Metaverse Identity; Likeness Rights; Deepfakes; Platform Governance; Digital Dignity; Posthumous Autonomy; Virtual Personhood; Digital Self; Privacy After Death; Digital Asset Management; Digital Will; Technological Personhood; Digital Afterlife Regulation.},
        month = {November},
        }