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§ 3916. Custodian compliance and immunity

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. § 3916
§ 3916. Custodian compliance and immunity
(a) Requirement.--Not later than 60 days after receipt of the information required under sections 3907 (relating to disclosure of content of electronic communications of deceased user), 3908 (relating to disclosure of other digital assets of deceased user), 3909 (relating to disclosure of content of electronic communications of principal), 3910 (relating to disclosure of other digital assets of principal), 3911 (relating to disclosure of digital assets held in trust when trustee is original user), 3912 (relating to disclosure of contents of electronic communications held in trust when trustee not original user), 3913 (relating to disclosure of other digital assets held in trust when trustee not original user), 3914 (relating to disclosure of digital assets to guardian of the estate) and 3915 (relating to fiduciary duty and authority), a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated representative may apply to the court for an order directing compliance.
(b) Court order.--An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702 (relating to voluntary disclosure of customer communications or records).
(c) Notification.--A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) Lawful access following termination request.--A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) Additional court orders.--This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1) specifies that an account belongs to the protected person or principal;
(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) Immunity.--A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.

Credits

2020, July 23, P.L. 684, No. 72, § 2, effective in 180 days [Jan. 19, 2021].
20 Pa.C.S.A. § 3916, PA ST 20 Pa.C.S.A. § 3916
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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