Disclosure of content of electronic communications of principal.

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(1) To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

  1. A written request for disclosure in physical or electronic form;

  2. An original or copy of the power of attorney expressly granting the agent authorityover the content of electronic communications of the principal;

  3. A certification by the agent, under penalty of perjury, that the power of attorney is ineffect; and

  4. If requested by the custodian:

(I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (II) Evidence linking the account to the principal.

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 185, § 1, effective August 10.


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