638.9 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 if the agent gives the custodian all of the following:
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. The certification form provided in section 633B.302 shall satisfy the requirement of this subsection.
4. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account.
b. Evidence linking the account to the principal.
2017 Acts, ch 79, §12
Referred to in §638.16
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.