Section 472.445

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018   

  472.445.  Catalogue of electronic communications, disclosure to agent, when. — Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:

  (1)  A written request for disclosure in physical or electronic form;

  (2)  An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

  (3)  A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

  (4)  If requested by the custodian for the purpose of identifying the correct account of the correct user:

  (a)  A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

  (b)  Evidence linking the account to the principal.

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(L. 2018 H.B. 1250)