Idaho Code 15-14-106 – Procedure for Disclosing Digital Assets
Current as of: 2023 | Check for updates
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(1) When disclosing the digital assets of a user under this chapter, the custodian may at its sole discretion:
(a) Grant a fiduciary or designated recipient full access to the user’s account;
(b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(c) Provide a fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
Terms Used In Idaho Code 15-14-106
- 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 Idaho Code 15-14-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the court in this state having jurisdiction in matters relating to the content of this chapter. See Idaho Code 15-14-102
- Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Idaho Code 15-14-102
- Digital asset: means an electronic record in which an individual has a right or interest. See Idaho Code 15-14-102
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional or successor personal representative, conservator, agent or trustee. See Idaho Code 15-14-102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Idaho Code 15-14-102
- User: means a person that has an account with a custodian. See Idaho Code 15-14-102
(3) A custodian need not disclose a digital asset deleted by a user.
(4) If a user directs or a fiduciary requests a custodian to disclose some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or the fiduciary may seek an order from the court for an order to disclose:
(a) A subset limited by date of the user’s digital assets;
(b) All of the user’s digital assets to the fiduciary or designated recipient;
(c) None of the user’s digital assets; or
(d) All of the user’s digital assets to the court for review in camera.