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Yes, I forgot about that major part of the story! Still, acts of Congress can't violate Consitutional rights.

It seems unlikely you lose all rights when you die or it would be chaos - imagine all the secrets people die with that affect everyone they know. An integral part of every estate plan would be incinerating records. Wills do have real power.

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Your estate retains many of your rights when you die. However, the federal privacy act explicitly does not apply. Your estate may have privacy rights via the Constitution, although privacy is not specifically enumerated. Your estate may have privacy rights via state law; but that wouldn't bar the federal government from disclosing its investigative materials.

OTOH, there's a 2004 case, National Archives & Records Administration v. Favish[1], which establishes the surviving family's right of privacy to death scene photos, but that's technically not privacy of the deceased.

[1] https://www.justice.gov/archives/oip/blog/foia-post-2004-sup...

In my late teens, I worked as a bill collector. If I suspected an account owner was deceased, I'd call the Social Security Administration and ask them if they had a certificate of death on file. If they didn't, they'd tell me they couldn't comment. If they did, they'd say so, because dead people don't have a right to privacy.

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