Utah Code 75A-6-112. Disclosure of contents of electronic communications held in trust when trustee not original user
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
Terms Used In Utah Code 75A-6-112
- 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
- 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
- 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.
- Trust: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-6-102- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes a successor trustee. 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 trust instrument or a certification of the trust under Section75-7-1013 that includes consent to disclosure of the content of electronic communications to the trustee;(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust’s account; or(4)(b) evidence linking the account to the trust.