North Dakota § 47-36-06 Disclosure of content of electronic communications of deceased user

North Dakota Statutes

§ 47-36-06 — Disclosure of content of electronic communications of deceased user

North Dakota·Title 47 Property·Ch. 47-36 Uniform Fiduciary Access to Digital Assets Act

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 representative gives the custodian:

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 letter of appointment of the representative or a small estate affidavit or court order;

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; and

5.If requested by

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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
representative gives the custodian:
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 letter of appointment of the representative or a small estate
affidavit or court order;
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; and
5. If requested by the custodian:
a. A number, username, address, or other unique subscriber 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:
(1) The user had a specific account with the custodian, identifiable by the
information specified in subdivision a;
(2) Disclosure of the content of electronic communications of the user would not
violate applicable state or federal law;

(3) Unless the user provided direction using an online tool, the user consented
to disclosure of the content of electronic communications; or
(4) Disclosure of the content of electronic communications of the user is
reasonably necessary for administration of the estate.

North Dakota § 47-36-06 (Disclosure of content of electronic communications of deceased user) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.