February 8, 2024
QR codes on tombstones: an effective way to preserve memories or a violation of privacy?

Digitization of all spheres of human life has become not only our everyday life, but also brings new meanings to our life, and even to the continuation of our existence after death.

In the past few years, QR codes have become a more popular means of storing and transmitting information, including information about the deceased on monuments and tombstones. The use of QR codes on tombstones can be a useful way of preserving memories of the dead, but it can also raise privacy and security issues. In this article, we will consider various legal and ethical aspects of using QR codes on tombstones using the example of 2 countries: Japan and Ukraine.

Where exactly was the idea of using QR codes on tombstones started?

The use of QR codes on tombstones is a relatively new phenomenon, the history of which begins only a few years ago. The first cases of using QR codes on tombstones were recorded in Japan in 2011, when the "Sekai Camera" company launched the "Digital Soul" project, which allowed creating QR codes on tombstones in order to preserve information about the deceased and his life.

The Japanese are a nation of technological breakthroughs. Such a creative solution really generated a stormy response. However, we suggest to investigate together whether this idea really meets the legal requirements and whether everything is as colorful as it seems at first glance.

Do the Japanese comply with the legal requirements?

QR codes on tombstones can contain any personal information that relatives of the deceased wish to display. However, in the times of a civilized society, any personal data is protected by law.

The use of personal information in Japan is governed by the Personal Information Protection Act (APPI).

The use of personal information on tombstones using QR codes is not expressly prohibited by the Personal Information Protection Act in Japan. However, the APPI requires that personal information is processed appropriately and with the consent of the person to whom the information relates.

If personal information is displayed on a tombstone using a QR code, it is important to obtain the consent of the individual or their family members, where appropriate. In addition, personal information should only be used for the purpose for which it was collected, such as memorialization, and not for any other non-consensual purpose.

It is also important to take appropriate security measures to protect personal information, such as ensuring that the QR code is not accessible to unauthorized persons (you can specify a certain range of authorized persons when creating a QR code) and that personal information is securely stored and transmitted.

So, there are currently no laws or regulations in Japan that prohibit the use of QR codes on tombstones. However, it is important to note that cemeteries or local authorities may have specific guidelines or recommendations regarding the design and placement of headstones. But the main thing is to comply with all the requirements of the Law on the Protection of Personal Information before creating the corresponding QR codes.

How is Ukraine introducing the idea of using QR codes on tombstones?

In Ukraine, the use of QR codes on tombstones started quite recently, but it has already become a popular phenomenon among some people. According to some data, the first cases of using QR codes on tombstones in Ukraine were recorded in 2019.

One example of the use of QR codes on tombstones in Ukraine is the "Memorial Code" project, which was launched in 2020. The idea is to add a QR code to the tombstone, which can be scanned and viewed for information about the deceased, their life and achievements. This project aims to preserve the history and memory of the dead, but its use must comply with the requirements of the legislation on the protection of personal data.

Ukrainian legislation on the protection of personal data establishes several requirements that must be met when using a QR code on a tombstone if it contains personal data. Some of them are listed below:

• The collection, processing and storage of personal data must be carried out only on a lawful and fair basis, as well as in accordance with the principles of good faith and reasonableness.

• Personal data must be stored in such a state that allows identification of the individual for no longer than is necessary for the stated purposes of their processing.

• The headstone owner who collects and processes personal data must ensure their protection against unauthorized access, loss or destruction by using appropriate technical and organizational measures.

• The person whose personal data is collected and processed must be informed about the purpose of the collection and processing of his data, as well as about the rights he can exercise in relation to his data.

• Personal data may not be transferred to third parties without the consent of the person whose data is being processed, except for cases provided by law.

However, please note that the specific requirements that apply to the use of a QR code on a tombstone with personal information may vary depending on the specific context and circumstances.

An ethical perspective on the use of QR codes on tombstones.

In addition to the fact that the QR code on the tombstone must be legal, there are also ethical issues of using such a tool. The use of QR codes on tombstones that contain information about a tragic event, such as a mass murder or terrorist act, can be used for commercial purposes and violate the dignity and rights of the victims of these events and their relatives. In addition, QR codes on gravestones can be perceived as disrespectful, as a contradiction to religious beliefs that require more traditional forms of remembrance of the dead.

So, QR codes on tombstones can be an effective way to preserve memories of the dead, but they can also raise privacy and security issues. The use of QR codes on tombstones must meet the requirements of the legislation on the protection of personal data and take into account the ethical aspects of protecting the dignity of the deceased. In addition, it is worth carefully weighing the advantages and disadvantages of such use.

Senior business development manager
Lextensio
Spasyon Kateryna

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