(1) When disclosing digital assets of a user under this part 15, the custodian may at its sole discretion:
Grant a fiduciary or designated recipient full access to the user's account;
Grant a fiduciary or designated recipient partial access to the user's account sufficientto perform the tasks with which the fiduciary or designated recipient is charged; or
Provide a fiduciary or designated recipient a copy in a record of any digital asset that,on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
A custodian may assess a reasonable administrative charge for the cost of disclosingdigital assets under this part 15.
A custodian need not disclose under this part 15 a digital asset deleted by a user.
If a user directs or a fiduciary requests a custodian to disclose under this part 15 some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
A subset limited by date of the user's digital assets;
All of the user's digital assets to the fiduciary or designated recipient;
None of the user's digital assets; or
All of the user's digital assets to the court for review in camera.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 183, § 1, effective August 10. 15-1-1507. Disclosure of content of electronic communications of deceased user. (1) If a deceased user consented 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:
A written request for disclosure in physical or electronic form;
A certified copy of the death certificate of the user;
A certified copy of the letter of appointment of the representative or a small-estateaffidavit or court order;
Unless the user provided direction using an on-line 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
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:
The user had a specific account with the custodian, identifiable by the informationspecified in subparagraph (I) of this paragraph (e);
Disclosure of the content of electronic communications of the user would not violate18 U.S.C. sec. 2701, et seq., as amended; 47 U.S.C. sec. 222, as amended; or other applicable law;
Unless the user provided direction using an on-line tool, the user consented to disclosure of the content of electronic communications; or
Disclosure of the content of electronic communications of the user is reasonablynecessary for administration of the estate.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 183, § 1, effective August 10.