Section 109 – Disclosure of content of electronic communications of principal.

Effective 5/9/2017
75-11-109. 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 agent gives the custodian:

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

• (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications 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:
  • (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.

Enacted by Chapter 16, 2017 General Session

Technically renumbered for proper placement.