In today’s era of social media, where digital footprints are of value, should our social media profiles be considered personal assets?

With the increasing integration of social media in our daily lives, our online presence has become an extension of our identities. Our “handles” have become our identity, our profiles are our web-addresses. So, many argue that social media profiles should be regarded as personal assets—the value of our digital presence should also be recognised and protected.

Laws in India

In India, the legal framework regarding digital assets as personal assets are still evolving, but existing laws can offer guidance.

The IT Act, 2000, and the Indian Contract Act, 1872, may help in determining ownership and rights over digital assets including social media profiles. Currently, social media platforms retain ownership of user-generated content, including profiles and associated data. While users create and manage their profiles, they lack control over their information. However, recognising the significance, several countries, including India, have enacted legislation to safeguard user privacy, but determining ownership and control of an account can be a complex issue, especially because all the data is owned and stored by the platform.

Privacy and data protection are crucial aspects of social media profiles. The Personal Data Protection Bill, currently under consideration, aims to establish a comprehensive legal framework for data protection. The bill emphasizes the rights of individuals over their personal data, including data shared on social media platforms. But the Bill does not quite define what digital assets are and who owns them. Since a lot of personal and sensitive information are stored in these profiles, they must be considered as their personal identity. As social media profiles gain significance in our lives, testamentary rights regarding digital assets become pertinent. The Indian Succession Act, 1925, which governs the distribution of assets of a deceased individual, does not explicitly address digital assets.

Policymakers and legal experts need to address the ownership, control and various rights associated with social media profiles.

(The author is Managing Partner, Verum Legal.)