55-19-7.Disclosure of content of electronic communications of deceased user.
If a deceased user consented to or a court directs disclosure of contents 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 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 or a small estate affidavit or court order;
(4)A copy of the user's will, trust, power of attorney, or other record that provides evidence of the user's consent to disclosure of the content of electronic communications, unless the user provided direction by utilizing an online tool; and
(5)If requested by the custodian:
(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b)Evidence linking the account to the user; or
(c)A finding by the court that:
(i)The user had a specific account with the custodian, identifiable by the information specified in this subdivision;
(ii)Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., 47 U.S. C. Section 222, or other applicable law;
(iii)Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv)Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Source: SL 2017, ch 209, ยง7.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 19 - Uniform Fiduciary Access To Digital Assets Act
Section 55-19-1 - Definitions.
Section 55-19-2 - Applicability generally.
Section 55-19-3 - Applicability to custodians and employer assets used by employee.
Section 55-19-4 - User direction for disclosure of digital assets.
Section 55-19-5 - Terms-of-service agreement.
Section 55-19-6 - Procedure for disclosing digital assets.
Section 55-19-7 - Disclosure of content of electronic communications of deceased user.
Section 55-19-8 - Disclosure of other digital assets of deceased user.
Section 55-19-9 - Disclosure of content of electronic communications of principal.
Section 55-19-10 - Disclosure of other digital assets of principal.
Section 55-19-11 - Disclosure of digital assets held in trust when trustee is original user.
Section 55-19-13 - Disclosure of other digital assets held in trust when trustee not original user.
Section 55-19-14 - Disclosure of assets to conservator of protected person.
Section 55-19-15 - Suspension or termination of account of protected person.
Section 55-19-16 - Fiduciary duties.
Section 55-19-17 - Fiduciary authority generally.
Section 55-19-20 - Fiduciary right of access to digital asset.
Section 55-19-21 - Disclosure of information by custodian to fiduciary.
Section 55-19-22 - Request for termination of user's account.
Section 55-19-23 - Custodian compliance.
Section 55-19-24 - Custodian notice to user.
Section 55-19-25 - Denial by custodian of request for disclosure or termination.
Section 55-19-26 - Custodian's ability to require court order.