Indiana § 32-39-2-1 User direction concerning disclosure of digital asset

Indiana Statutes

§ 32-39-2-1 — User direction concerning disclosure of digital asset

Indiana·Title 32 PROPERTY·Art. 39 REVISED UNIFORM FIDUCIARY ACCESS TO·Ch. 2 Fiduciary's Access to Digital Assets

(a)A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user's digital assets:

(1)to disclose; or

(2)not to disclose; some or all of the user's digital assets, including the content of electronic communications to a designated recipient. If the online tool allows the user to modify or delete a direction at all times, a direction by a user to the custodian regarding disclosure through use of an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(b)If a user has not used an online tool to give a direction under subsection (a) or if the custodian has not provided an online tool, the user, in a will, trust, power of attorney, or other record, may:

(1)allow; or

(2)prohibi

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(a) A user may use an online tool to direct the
custodian that carries, maintains, processes, receives, or stores the
user's digital assets:
(1) to disclose; or
(2) not to disclose;
some or all of the user's digital assets, including the content of
electronic communications to a designated recipient. If the online tool
allows the user to modify or delete a direction at all times, a direction
by a user to the custodian regarding disclosure through use of an online
tool overrides a contrary direction by the user in a will, trust, power of
attorney, or other record.
(b) If a user has not used an online tool to give a direction under
subsection (a) or if the custodian has not provided an online tool, the
user, in a will, trust, power of attorney, or other record, may:
(1) allow; or
(2) prohibit;
disclosure to a fiduciary of some or all of the user's digital assets,
including the content of electronic communications sent or received by
the user.
(c) A user's:
(1) direction through the use of an online tool under subsection
(a); or
(2) provision in a will, trust, power of attorney, or other record
under subsection (b);
overrides a contrary provision in a terms-of-service agreement that
does not require the user to act affirmatively and distinctly from the
user's assent to the terms of service.

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