If a deceased user consented or a court directs disclosure of the content of an electronic communication 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 representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letter of appointment of the representative, court order, or Affidavit of Collection of Personal Property executed under section 524.3-1201;
(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; and
(5) if requested by the custodian:
(i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) evidence linking the account to the user; or
(iii) a finding by the court that:
(A) the user had a specific account with the custodian, identifiable by the information specified in item (i);
(B) disclosure of the content of electronic communications of the user would not violate United States Code, title 18, section 2701 et seq., as amended; United States Code, title 47, section 222, as amended; or other applicable law;
(C) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(D) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2016 c 135 art 2 s 8
Structure Minnesota Statutes
Chapters 520 - 523 — Fiduciaries; Powers Of Attorney
Chapter 521A — Uniform Fiduciary Access To Digital Assets Act
Section 521A.01 — Short Title.
Section 521A.02 — Definitions.
Section 521A.03 — Applicability.
Section 521A.04 — User Direction For Disclosure Of Digital Assets.
Section 521A.05 — Terms-of-service Agreement.
Section 521A.06 — Procedure For Disclosing Digital Assets.
Section 521A.07 — Disclosure Of Content Of Electronic Communications Of Deceased User.
Section 521A.08 — Disclosure Of Other Digital Assets Of Deceased User.
Section 521A.09 — Disclosure Of Content Of Electronic Communications Of Principal.
Section 521A.10 — Disclosure Of Other Digital Assets Of Principal.
Section 521A.11 — Disclosure Of Digital Assets Held In Trust When Trustee Is Original User.
Section 521A.13 — Disclosure Of Other Digital Assets Held In Trust When Trustee Not Original User.
Section 521A.14 — Disclosure Of Digital Assets To Conservator Of Protected Person.
Section 521A.15 — Fiduciary Duty And Authority.
Section 521A.16 — Custodian Compliance And Immunity.
Section 521A.17 — Uniformity Of Application And Construction.
Section 521A.18 — Relation To Electronic Signatures In Global And National Commerce Act.