New Mexico Statutes 46-13-7. Disclosure of content of electronic communications of deceased user
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 representative gives the custodian:
Terms Used In New Mexico Statutes 46-13-7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
A. a written request for disclosure in physical or electronic form; B. a certified copy of the death certificate of the user;
C. a certified copy of the letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of section 45-3-1201 N.M. Stat. Ann.;
D. 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
E. if requested by the custodian:
(1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(2) evidence linking the account to the user; or
(3) a finding by the court that:
(a) the user had a specific account with the custodian, identifiable by the information specified in Paragraph (1) of this subsection;
(b) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable law;
(c) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(d) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.