§ 33-27.1-6. Procedure for disclosing digital assets.
(a) When disclosing digital assets of a user pursuant to one or more of §§ 33-27.1-7 through 33-27.1-15, the custodian may at its sole discretion:
(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 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 need not 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 user’s digital assets, the custodian need not 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:
(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; or
(4) All of the user’s digital assets to the court for review in camera.
History of Section.P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act
Section 33-27.1-1. - Short title.
Section 33-27.1-2. - Definitions.
Section 33-27.1-3. - Applicability.
Section 33-27.1-4. - User direction for disclosure of digital assets.
Section 33-27.1-5. - Terms-of-service agreement.
Section 33-27.1-6. - Procedure for disclosing digital assets.
Section 33-27.1-7. - Disclosure of content of electronic communications of deceased user.
Section 33-27.1-8. - Disclosure of other digital assets of deceased user.
Section 33-27.1-9. - Disclosure of content of electronic communications of principal.
Section 33-27.1-10. - Disclosure of other digital assets of principal.
Section 33-27.1-11. - Disclosure of digital assets held in trust when trustee is original user.
Section 33-27.1-14. - Disclosure of digital assets to guardian or conservator of protected person.
Section 33-27.1-15. - Fiduciary duty and authority.
Section 33-27.1-16. - Custodian compliance and immunity.
Section 33-27.1-17. - Uniformity of application and construction.
Section 33-27.1-18. - Relation to Electronic Signatures in Global and National Commerce Act.