Enterprise AI Analysis: From bones to bytes: anticipating and addressing the governance challenges of human digital remains and posthumous digital human twins
Revolutionizing Post-Mortem Data Governance with AI
Authors: Máirtín Cunneen, Ruhi AnandFinn, Raymond Friel, Paul Tennent, Sami Brandt | Publication Date: 03 October 2025
During the nineteenth century, advances in medical research led to grave robbing and an illicit market in human biological remains (HBR). The historical episode of grave robbing illustrates how science can upend social norms. A similar scenario could soon emerge, but this time it will not be with people's biological remains, but with people's digital remains. Artificial intelligence and extended reality now create digital representations from avatars to human digital twins. In addition to the sophisticated digital appearance, the representations are drawing on personal and biometric data to create complex behav- ioural and biological replications of people. These digital artefacts form part of a person's digital estate, which persists after death as Human Digital Remains (HDR). HDR presents an urgent socio-technological risk because like the 19th-century trade in HBR, HDR presents existing legal and ethical gaps.. The research responds by adopting what is to our knowledge, the first of its kind cross-disciplinary study that combines conceptual analysis, anticipatory and precautionary govern- ance frameworks, and doctrinal review to analyse and anticipate legal and ethical gaps and grey areas. Our analysis shows that neither General Data Protection Regulation (GDPR) nor the AI Act (2025) currently extends rights to the deceased. In response, we outline a HDR governance framework, supported by six targeted policy-facingrecommendations: (1) build HDR- specific anticipatory governance capacity, (2) innovate and safeguard posthumous privacy and data protections, (3) protect citizen autonomy with advance data directives and data trustees, (4) leverage existing tools by developing a data-donor card and support the right to gift or trade HDR, (5) enhance the right to be forgotten post-mortem, and (6) update digital identity and legacy rights, including the right to continuation or erasure of Digital Human Twins.
Executive Impact: Key Takeaways
Our analysis reveals critical insights for enterprise leaders navigating the evolving landscape of AI and digital ethics.
- > Current laws (GDPR, AI Act) don't extend rights to the deceased, creating significant legal and ethical gaps for Human Digital Remains (HDR).
- > The rise of Digital Human Twins (DHTs) and sophisticated digital representations poses new challenges for posthumous data governance, echoing historical 'resurrection trade' concerns.
- > An anticipatory governance framework is crucial to address the complex ethical, legal, and social impacts of HDR commodification before they escalate.
- > Implementing advanced data directives, data donor cards, and strengthening the 'right to be forgotten' post-mortem can empower citizen autonomy over their digital legacy.
- > Updating digital identity and legacy rights, specifically for DHTs, is essential to manage continuation, erasure, and prevent misuse in commercial contexts.
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Deep Analysis & Enterprise Applications
Select a topic to dive deeper, then explore the specific findings from the research, rebuilt as interactive, enterprise-focused modules.
This section delves into the ethical considerations and governance frameworks necessary for managing human digital remains and digital human twins. It highlights the urgent need for new models to protect posthumous privacy and autonomy in the age of AI.
Explore the cutting-edge technological advancements, from sophisticated digital avatars to Digital Human Twins (DHTs), that are transforming how we perceive and interact with digital representations of individuals post-mortem. Understand their capabilities and inherent risks.
Examine the current legal landscape and policy gaps concerning posthumous data rights. This tab analyzes existing regulations like GDPR and the AI Act, proposing robust recommendations for future legislative interventions to safeguard digital legacies.
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Enterprise Process Flow
Conceptual Analysis
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Anticipatory Governance Frameworks
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Doctrinal Review
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Legal & Ethical Gap Anticipation
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HDR Governance Framework Outline
| Feature | Human Biological Remains (HBR) | Human Digital Remains (HDR) |
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Posthumous Defamation & Data Altruism
Case Study 1: Legal systems often lack defamation protections for the deceased. However, doctrines of dignity (such as the general personality rights (Allgemeines Persönlichkeitsrecht, Germany) and privacy (GDPR Art. 8, ECHR Art. 8) raise questions about extending reputational protections posthumously, especially where harm affects families or where HDR/DHT are used misleadingly. As will be discussed in the law section, different countries have adopted different approaches but generally, there remains a legal vacuum in relation to such protections for the dead. The case study is linked to the law section and to recommendations two, four and six. Case Study 2: EU's Data Governance Act introduces data altruism, yet lacks posthumous applicability. GDPR Recital 27 excludes deceased persons' data unless national law intervenes. This case explores the normative need for data donor cards and clear consent frameworks to ethically enable posthumous data use in science and public interest. As data becomes a valuable resource, the idea of donating one's data, much like organ donation is gaining traction. In a posthumous context, data donation requires clarity about consent and governance. This case study is linked to the law section and to recommendations three.
- Key Point: Legal vacuum for deceased defamation
- Key Point: GDPR excludes deceased data
- Key Point: Need for data donor cards & consent frameworks
Calculate Your Potential AI Governance ROI
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Estimated Annual Savings
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Hours Reclaimed Annually
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Implementation Roadmap
A phased approach to integrating advanced HDR governance and AI ethics into your enterprise.
Phase 1: HDR Governance Capacity Building
Invest in dedicated teams and resources to develop HDR-specific anticipatory governance capabilities, including ethical review boards and legal expertise.
Phase 2: Posthumous Privacy & Data Protection Innovation
Implement innovative mechanisms to safeguard posthumous privacy and data protections, extending legal rights to deceased individuals' digital footprints.
Phase 3: Citizen Autonomy with Advance Data Directives
Develop and integrate advance data directives and data trustees to empower citizens with control over their digital remains and DHTs post-mortem.
Phase 4: Data Donor Card & HDR Commodification Framework
Introduce a national data donor card system and establish clear guidelines for the ethical gifting or trading of HDR for research and public interest.
Phase 5: Strengthening the Right to be Forgotten Post-Mortem
Update existing legal frameworks to enhance the right to be forgotten for deceased individuals, ensuring digital erasure when desired.
Phase 6: Digital Identity & DHT Legacy Rights
Develop comprehensive digital identity and legacy rights, specifically addressing the continuation or erasure of Digital Human Twins (DHTs).
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Proactive governance of human digital remains is not just a regulatory challenge—it's an opportunity to build trust and ethical leadership in the AI era. Let's discuss how our expertise can guide your enterprise.
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