Disclosure of content of electronic communications of principal.

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3B:14-61.9 Disclosure of content of electronic communications of principal.

9. 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 if the agent gives the custodian:

a. a written request for disclosure in physical or electronic form;

b. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

c. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

d. 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.

L.2017, c.237, s.9.


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