North Dakota Statutes

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

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

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

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