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§ 3907. Disclosure of content of electronic communications of deceased user

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 19, 2021

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 39. Uniform Fiduciary Access to Digital Assets (Refs & Annos)
Effective: January 19, 2021
20 Pa.C.S.A. § 3907
§ 3907. Disclosure of content of electronic communications of deceased user
Currentness
If a deceased user consented to or a court directs disclosure of the content 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 personal representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letters;
(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) any 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:
(A) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (i);
(B) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Ch. 121 (relating to stored wire and electronic communications and transactional records access), section 222 of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 222) 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.

Credits

2020, July 23, P.L. 684, No. 72, § 2, effective in 180 days [Jan. 19, 2021].
20 Pa.C.S.A. § 3907, PA ST 20 Pa.C.S.A. § 3907
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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