Effective: April 6, 2017
Latest Legislation: House Bill 432 - 131st General Assembly
(A) When disclosing digital assets of a user under this chapter, the custodian may, at its sole discretion, do any of the following:
(1) Grant a fiduciary or designated recipient full access to the user's account;
(2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged;
(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(B) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(C) A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(D) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the users digital assets, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:
(1) A subset limited by date of the user's digital assets;
(2) All of the user's digital assets to the fiduciary or designated recipient;
(3) None of the user's digital assets;
(4) All of the user's digital assets to the court for review in camera.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act
Section 2137.01 | Definitions.
Section 2137.02 | Applicability.
Section 2137.03 | User Direction for Disclosure of Digital Assets.
Section 2137.04 | Terms-of-Service Agreement.
Section 2137.05 | Procedure of Disclosing Digital Assets.
Section 2137.06 | Disclosure of Content of Electronic Communications of Deceased User.
Section 2137.07 | Disclosure of Other Digital Assets of Deceased User.
Section 2137.08 | Disclosure of Content of Electronic Communications of Principal.
Section 2137.09 | Disclosure of Other Digital Assets of Principal.
Section 2137.10 | Disclosure of Digital Assets Held in Trust When Trustee Is Original User.
Section 2137.12 | Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.
Section 2137.13 | Disclosure of Digital Assets to Guardian of Ward.
Section 2137.14 | Fiduciary Duty and Authority.
Section 2137.15 | Custodian Compliance and Immunity.
Section 2137.16 | Uniformity of Application and Construction.
Section 2137.17 | Relation to Electronic Signatures in Global and National Commerce Act.