(a) Authority of custodian.--When disclosing digital assets of a user under this chapter, the custodian has the sole discretion to:
(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; or
(3) provide a fiduciary or designated recipient a copy in a record of any digital asset which, 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) Charge.--A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) Deleted digital assets.--A custodian need not disclose under this chapter a digital asset deleted by a user.
(d) Segregation.--If a user directs or a fiduciary requests a custodian to disclose under this chapter some but not all of the user's digital assets, the custodian need not disclose the digital assets if segregation of the digital 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 do any of the following:
(1) Disclose a subset limited by date of the user's digital assets.
(2) Disclose all of the user's digital assets to the fiduciary or designated recipient.
(3) Disclose none of the user's digital assets.
(4) Disclose all of the user's digital assets to the court for review in camera.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 39 - Uniform Fiduciary Access to Digital Assets
Section 3901 - Short title of chapter
Section 3904 - User direction for disclosure of digital assets
Section 3905 - Terms-of-service agreement
Section 3906 - Procedure for disclosing digital assets
Section 3907 - Disclosure of content of electronic communications of deceased user
Section 3908 - Disclosure of other digital assets of deceased user
Section 3909 - Disclosure of content of electronic communications of principal
Section 3910 - Disclosure of other digital assets of principal
Section 3911 - Disclosure of digital assets held in trust when trustee is original user
Section 3913 - Disclosure of other digital assets held in trust when trustee not original user
Section 3914 - Disclosure of digital assets to guardian of the estate
Section 3915 - Fiduciary duty and authority
Section 3916 - Custodian compliance and immunity
Section 3917 - Uniformity of application and construction
Section 3918 - Relation to Electronic Signatures in Global and National Commerce Act