If a deceased user consented to or a court directs disclosure of the content of electronic communications 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 personal 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 letters;
(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) any 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 subparagraph (i);
(B) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Ch. 121 (relating to stored wire and electronic communications and transactional records access), section 222 of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. ยง 222) 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.
Cross References. Section 3907 is referred to in section 3916 of this title.
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