Utah Code 75A-6-107. Disclosure of content of electronic communications of deceased user
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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:
(1) a written request for disclosure in physical or electronic form;
Terms Used In Utah Code 75A-6-107
- 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 75A-6-102
- 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.
- Content of an electronic communication: means information concerning the substance or meaning of the communication that:(6)(a) has been sent or received by a user;(6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and(6)(c) is not readily accessible to the public. See Utah Code 75A-6-102
- Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-6-102
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75A-6-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-6-102
- Estate: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-6-102- 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.
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75A-6-102
- Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 75A-6-102
- Personal representative: means an executor, administrator, special administrator as defined in Section
75-1-201 , or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75A-6-102- 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 Utah Code 75A-6-102
- Trust: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-6-102- User: means a person that has an account with a custodian. See Utah Code 75A-6-102
(2) a certified copy of the death certificate of the user;(3) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order;(4) 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(5) if requested by the custodian:(5)(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;(5)(b) evidence linking the account to the user; or(5)(c) a finding by the court that:(5)(c)(i) the user had a specific account with the custodian, identifiable by the information specified in Subsection (5)(a);(5)(c)(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law;(5)(c)(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or(5)(c)(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.