(a) Grant a fiduciary or designated recipient full access to the user’s account;
(b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under ORS 119.006 to 119.081.
(3) A custodian need not disclose under ORS 119.006 to 119.081 a digital asset deleted by a user.
(4) If a user directs, or a fiduciary requests, a custodian to disclose some, but not all, of the user’s digital assets under ORS 119.006 to 119.081, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(a) A subset limited by date of the user’s digital assets;
(b) All of the user’s digital assets to the fiduciary or designated recipient;
(c) None of the user’s digital assets; or
(d) All of the user’s digital assets to the court for review in camera. [2016 c.19 §6]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 119 - Revised Uniform Fiduciary Access to Digital Assets Act
Section 119.006 - Definitions for ORS 119.006 to 119.081.
Section 119.011 - Authority of custodian.
Section 119.016 - Use of online tool to direct disclosure.
Section 119.021 - Disclosure of contents of electronic communications to personal representative.
Section 119.026 - Disclosure of catalog of electronic communications to personal representative.
Section 119.056 - Disclosure to conservator; court order.
Section 119.062 - Duties and authority of fiduciary.
Section 119.071 - Rights of custodians, users, fiduciaries and designated recipients.