15-14-109. DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication sent or received by the principal if the agent gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(b) Evidence linking the account to the principal.
History:
[15-14-109, added 2016, ch. 263, sec. 1, p. 689.]
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.