15-14-104. USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS. (1) A user may use an online tool to direct the custodian to disclose to the designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
(2) If a user has not used an online tool to give direction under subsection (1) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, the disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
(3) A user’s direction under subsection (1) or (2) of this section overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
History:
[15-14-104, added 2016, ch. 263, sec. 1, p. 687.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
Section 15-14-101 - SHORT TITLE.
Section 15-14-102 - DEFINITIONS.
Section 15-14-103 - APPLICABILITY.
Section 15-14-104 - USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
Section 15-14-105 - TERMS OF SERVICE AGREEMENT.
Section 15-14-106 - PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
Section 15-14-107 - DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.
Section 15-14-108 - DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
Section 15-14-109 - DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.
Section 15-14-110 - DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.
Section 15-14-111 - DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS ORIGINAL USER.
Section 15-14-114 - DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED PERSON.
Section 15-14-115 - FIDUCIARY DUTY AND AUTHORITY.
Section 15-14-116 - CUSTODIAN COMPLIANCE AND IMMUNITY.
Section 15-14-117 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 15-14-118 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.