Disclosure of content of electronic communications of principal

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§10-109. Disclosure of content of electronic communications of principal

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 of electronic communications if the agent gives the custodian:   [PL 2019, c. 417, Pt. A, §107 (NEW).]

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

[PL 2019, c. 417, Pt. A, §107 (NEW).]

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

[PL 2019, c. 417, Pt. A, §107 (NEW).]

3.  Agent's certificate.  A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and  

[PL 2019, c. 417, Pt. A, §107 (NEW).]

4.  Information requested by custodian.  If requested by the custodian:  

A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or   [PL 2019, c. 417, Pt. A, §107 (NEW).]

B. Evidence linking the account to the principal.   [PL 2019, c. 417, Pt. A, §107 (NEW).]

[PL 2019, c. 417, Pt. A, §107 (NEW).]

SECTION HISTORY

PL 2019, c. 417, Pt. A, §107 (NEW).


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