§ 32-39-2-4 — Disclosure to personal representative of content of deceased user's electronic communication

If a deceased user consented to, 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
the following:
(1) A written request for disclosure in physical or electronic form.
(2) A certified or authenticated copy of the death certificate of the
user.
(3) A copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the
personal representative or of the order of no supervision or order
of unsupervised administration issued to the personal
representative under IC 29-1-7.5.
(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:
(A) a number, username, address, or other unique subscriber
identifier or account identifier assigned by the custodian to
identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the custodian,
identifiable by the information specified in clause (A);
(ii) 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;
(iii) unless the user provided direction using an online tool,
the user consented to disclosure of the content of electronic
communications; or
(iv) disclosure of the content of electronic communications of
the user is reasonably necessary for administration of the
user's estate.

Legislative History

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.23; P.L.185-2021, SEC.55.