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§ 15-606. Disclosure of content of electronic communication of deceased user

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2016

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
Effective: October 1, 2016
MD Code, Estates and Trusts, § 15-606
§ 15-606. Disclosure of content of electronic communication of deceased user
If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user's estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A copy of the certificate of the user's death;
(3) A copy of the letters of administration of the personal representative or court order appointing a special administrator;
(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:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) Evidence linking the account to the user; or
(iii) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;
2. 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;
3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
4. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

Credits

Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-606, MD EST & TRST § 15-606
Current through all legislation from the 2019 Regular Session of the General Assembly.
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