§ 638.7 — Disclosure of content of electronic communications of deceased user

Iowa § 638.7

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 638: FIDUCIARY ACCESS TO DIGITAL ASSETS

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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 user if
the personal representative gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the death certificate of the user.
3. A certified copy of the letters of appointment of the personal representative, an
original affidavit made pursuant to section 633.356, or a file-stamped copy of the court order
authorizing the personal representative to administer the user’s estate.

4. Unless the user provided direction using an online tool, a copy of the user’s will, trust,
power of attorney, or other record evidencing the user’s consent to disclosure of the content
of electronic communications.
5. If requested by the custodian, any of the following:
a. Anumber,username,address,orotheruniquesubscriberoraccountidentifierassigned
by the custodian to identify the user’s account.
b. Evidence linking the account to the user.
c. A finding by the court of any of the following:
(1) The user had a specific account with the custodian, identifiable by the information
specified in paragraph “a”.
(2) Disclosure of the content of electronic communications of the user would not violate
18 U.S.C. §2701 et seq., 47 U.S.C. §222, or other applicable law.
(3) Unless the user provided direction using an online tool, that the user consented to
disclosure of the content of electronic communications.
(4) Disclosure of the content of electronic communications of the user is reasonably
necessary for administration of the estate.