Utah Code 75-11-109. Disclosure of content of electronic communications of principal
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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;
Terms Used In Utah Code 75-11-109
- Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75-11-102
- Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102
- Court: means a court with jurisdiction under
Title 78A, Judiciary and Judicial Administration . See Utah Code 75-11-102 - Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75-11-102
- Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75-11-102
(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:
(4)(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(4)(b) evidence linking the account to the principal.