Sec. 4. If a deceased user consented to, or a court directs, disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian the following:
(1) A written request for disclosure in physical or electronic form.
(2) A certified or authenticated copy of the death certificate of the user.
(3) A copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5.
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications.
(5) If requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in clause (A);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the user's estate.
As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.23; P.L.185-2021, SEC.55.
Structure Indiana Code
Article 39. Revised Uniform Fiduciary Access to Digital Assets Act
Chapter 2. Fiduciary's Access to Digital Assets
32-39-2-1. User Direction Concerning Disclosure of Digital Asset
32-39-2-3. Custodian's Disclosure of User's Digital Assets
32-39-2-5. Disclosure to Personal Representative of Deceased User's Other Digital Assets
32-39-2-7. Disclosure to Principal's Attorney in Fact of Principal's Other Digital Assets
32-39-2-8. Disclosure of Digital Assets Held in Trust to Trustee That Is an Original User
32-39-2-10. Disclosure of Other Digital Assets Held in Trust to Trustee That Is Not an Original User
32-39-2-11. Disclosure of Digital Assets to Guardian of Protected Person
32-39-2-14. Consideration of Need for Uniformity Among Enacting States
32-39-2-15. Relation to Electronic Signatures in Global and National Commerce Act