Section 110 – Disclosure of other digital assets of principal.

Effective 5/9/2017
75-11-110. 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 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:
  • (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.