32-39-2-4. Disclosure to Personal Representative of Content of Deceased User’s Electronic Communication
Sec. 4. If a deceased user consented to, or a court directs, disclosure of the 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 personal representative gives the custodian […]
32-39-2-5. Disclosure to Personal Representative of Deceased User’s Other Digital Assets
Sec. 5. Unless the user prohibited disclosure of the user’s digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the […]
32-39-2-6. Disclosure to Principal’s Attorney in Fact of Content of Principal’s Electronic Communications
Sec. 6. To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal’s attorney in fact the content of the electronic communications […]
32-39-2-7. Disclosure to Principal’s Attorney in Fact of Principal’s Other Digital Assets
Sec. 7. Unless otherwise ordered by a court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an attorney in fact having specific authority over the principal’s digital assets or general authority to act on behalf of the principal a catalogue of electronic communications sent or received by […]
32-39-2-8. Disclosure of Digital Assets Held in Trust to Trustee That Is an Original User
Sec. 8. Unless otherwise ordered by a court or provided in the trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account that is held in trust, including: (1) a catalogue of electronic communications of the trustee; and (2) the content of the […]
32-39-2-9. Disclosure of Contents of Electronic Communications Held in Trust to Trustee That Is Not an Original User
Sec. 9. Unless otherwise ordered by a court, directed by the user, or provided in the trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original user or a successor user and carried, maintained, processed, received, […]
32-39-2-10. Disclosure of Other Digital Assets Held in Trust to Trustee That Is Not an Original User
Sec. 10. Unless otherwise ordered by the court, directed by the user, or provided in the trust, a custodian shall disclose, to a trustee that is not an original user of the account, a catalogue of electronic communications sent or received by an original user or successor user and stored, carried, or maintained by the […]
32-39-2-11. Disclosure of Digital Assets to Guardian of Protected Person
Sec. 11. (a) After an opportunity for a hearing under IC 29-3, a court may grant a guardian access to the digital assets of the protected person. (b) Unless otherwise ordered by a court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by […]
32-39-2-12. Duties and Authority of Fiduciary With Respect to Digital Assets of Decedent, Protected Person, Principal, or Settlor
Sec. 12. (a) The legal duties imposed on a fiduciary charged with managing tangible property, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality; also apply to a fiduciary charged with managing digital assets. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset […]
32-39-2-13. Custodian Compliance With Request for Disclosure of Digital Assets or Termination of Account; Immunity From Liability
Sec. 13. (a) Not more than sixty (60) days after receipt of the information required under sections 4 through 11 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient for: (1) the disclosure of digital assets; or (2) the termination of an account. If the […]