§ 15-1-1506 — Procedure for disclosing digital assets

(1) When disclosing
digital assets of a user under this part 15, the custodian may at its sole discretion:

(a) Grant a fiduciary or designated recipient full access to the user's
account;

(b) Grant a fiduciary or designated recipient partial access to the user's
account sufficient to perform the tasks with which the fiduciary or designated
recipient is charged; or

(c) Provide a fiduciary or designated recipient a copy in a record of any
digital asset that, on the date the custodian received the request for disclosure, the
user could have accessed if the user were alive and had full capacity and access to
the account.

(2) A custodian may assess a reasonable administrative charge for the cost
of disclosing digital assets under this part 15.

(3) A custodian need not disclose under this part 15 a digital asset deleted
by a user.

(4) If a user directs or a fiduciary requests a custodian to disclose under this
part 15 some, but not all, of the user's digital assets, the custodian need not
disclose the assets if segregation of the assets would impose an undue burden on
the custodian. If the custodian believes the direction or request imposes an undue
burden, the custodian or fiduciary may seek an order from the court to disclose:

(a) A subset limited by date of the user's digital assets;

(b) All of the user's digital assets to the fiduciary or designated recipient;

(c) None of the user's digital assets; or

(d) All of the user's digital assets to the court for review in camera.

Legislative History

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 183, � 1, effective August 10.