Disclosures by Custodians to Agents

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Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:

  1. A written request for disclosure in physical or electronic form;
  2. An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
  3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
  4. If requested by the custodian:
    1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
    2. Evidence linking the account to the principal.

(Code 1981, §53-13-16, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)


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