§ 47-36-08 — Disclosure of content of electronic communications of principal

North Dakota § 47-36-08

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

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:
1. A written request for disclosure in physical or electronic form;
2. An original or copy of the power of attorney expressly granting the agent authority over
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; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier
assigned by the custodian to identify the principal's account; or
b. Evidence linking the account to the principal.