Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 183, § 1, effective August 10.
This section governs a custodian's response to a request for disclosure of a user's digital assets.
Subsection (1) gives the custodian of digital assets a choice of methods for disclosing digital assets to an authorized fiduciary. Each custodian has a different business model and may prefer one method over another.
Subsection (2) allows a custodian to assess a reasonable administrative charge for the cost of disclosure. This is intended to be analogous to the charge any business may assess for administrative tasks outside the ordinary course of its business to comply with a court order.
Subsection (3) states that any digital asset deleted by the user need not be disclosed, even if recoverable by the custodian. Deletion is assumed to be a good indication that the user did not intend for a fiduciary to have access.
Subsection (4) addresses requests that are unduly burdensome because they require segregation of digital assets. For example, a fiduciary's request for disclosure of "any email pertaining to financial matters" would require a custodian to sort through the full list of emails and cull any irrelevant messages before disclosure. If a custodian receives an unduly burdensome request of this sort, it may decline to disclose the digital assets, and either the fiduciary or custodian may seek guidance from a court.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Part 15 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 15-1-1504. User Direction for Disclosure of Digital Assets
§ 15-1-1505. Terms-of-Service Agreement
§ 15-1-1506. Procedure for Disclosing Digital Assets
§ 15-1-1507. Disclosure of Content of Electronic Communications of Deceased User
§ 15-1-1508. Disclosure of Other Digital Assets of Deceased User
§ 15-1-1509. Disclosure of Content of Electronic Communications of Principal
§ 15-1-1510. Disclosure of Other Digital Assets of Principal
§ 15-1-1511. Disclosure of Digital Assets Held in Trust When Trustee Is Original User
§ 15-1-1513. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User
§ 15-1-1514. Disclosure of Digital Assets to Conservator of Protected Person
§ 15-1-1515. Fiduciary Duty and Authority
§ 15-1-1516. Custodian Compliance and Immunity
§ 15-1-1517. Uniformity of Application and Construction
§ 15-1-1518. Relation to Electronic Signatures in Global and National Commerce Act