§ 638.9 — Disclosure of content of electronic communications of principal

Iowa § 638.9

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

Text

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 all of the following:
1. A written request for disclosure in physical or electronic form.
2. Anoriginalorcopyofthepowerofattorneyexpresslygrantingtheagentauthorityover
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. The certification form provided in section 633B.302 shall satisfy the requirement of
this subsection.
4. If requested by the custodian, any of the following:

a. Anumber,username,address,orotheruniquesubscriberoraccountidentifierassigned
by the custodian to identify the principal’s account.
b. Evidence linking the account to the principal.