Section 33-27.1-14. – Disclosure of digital assets to guardian or conservator of protected person.
§ 33-27.1-14. Disclosure of digital assets to guardian or conservator of protected person. (a) After an opportunity for a hearing under chapter 15 of title 33, the court may grant a guardian or conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, […]
Section 33-27.1-3. – Applicability.
§ 33-27.1-3. Applicability. (a) This chapter applies to: (1) A fiduciary acting under a will or power of attorney executed before, on, or after July 15, 2019; (2) A personal representative acting for a decedent who died before, on, or after July 15, 2019; (3) A guardian or conservator appointed before, on, or after July […]
Section 33-27.1-4. – User direction for disclosure of digital assets.
§ 33-27.1-4. User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete […]
Section 33-27.1-5. – Terms-of-service agreement.
§ 33-27.1-5. Terms-of-service agreement. (a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the […]
Section 33-27.1-6. – Procedure for disclosing digital assets.
§ 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 […]
Section 33-27.1-7. – Disclosure of content of electronic communications of deceased user.
§ 33-27.1-7. Disclosure of content of electronic communications of deceased user. If a deceased user consented 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 […]
Section 33-27.1-8. – Disclosure of other digital assets of deceased user.
§ 33-27.1-8. Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the 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 […]
Section 33-27.1-9. – Disclosure of content of electronic communications of principal.
§ 33-27.1-9. Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the […]
Section 33-27.1-10. – Disclosure of other digital assets of principal.
§ 33-27.1-10. Disclosure of other digital assets of principal. 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 […]
Section 33-27.1-11. – Disclosure of digital assets held in trust when trustee is original user.
§ 33-27.1-11. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee who or that is an original user of an account any digital asset of the account held in trust, including a catalogue of […]