638.16 Custodian compliance and immunity.
1. Not later than sixty days after receipt of the information required under sections 638.7 through 638.15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
2. An order under subsection 1 directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. §2702.
3. A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
4. A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
5. This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which finds all of the following:
a. That the account belongs to the user.
b. That there is sufficient consent from the user to support the requested disclosure.
c. Any specific factual finding required by any applicable law other than this chapter.
6. A custodian and the custodian’s officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
2017 Acts, ch 79, §19
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS
Section 638.3 - Applicability.
Section 638.4 - User direction for disclosure of digital assets.
Section 638.5 - Terms-of-service agreement.
Section 638.6 - Procedure for disclosing digital assets.
Section 638.7 - Disclosure of content of electronic communications of deceased user.
Section 638.8 - Disclosure of other digital assets of deceased user.
Section 638.9 - Disclosure of content of electronic communications of principal.
Section 638.10 - Disclosure of other digital assets of principal.
Section 638.11 - Disclosure of digital assets held in trust when trustee is original user.
Section 638.13 - Disclosure of other digital assets held in trust when trustee not original user.
Section 638.14 - Disclosure of digital assets to conservator or guardian of a ward.
Section 638.15 - Fiduciary duty and authority.
Section 638.16 - Custodian compliance and immunity.
Section 638.17 - Uniformity of application and construction.
Section 638.18 - Relation to Electronic Signatures in Global and National Commerce Act.