Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee who or that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument that includes consent to disclosure of the content of electronic communications to the trustee;
(3) An affidavit or memorandum by the trustee, under penalty of perjury, pursuant to § 34-4-27, that the trust exists and the trustee is a currently acting trustee of the trust;
(4) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; and
(5) Evidence linking the account to the trust.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2; P.L. 2020, ch. 79, art. 2, § 17.