Section 15-1-1508 - Disclosure of other digital assets of deceased user(1) Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:(a) A written request for disclosure in physical or electronic form;(b) A certified copy of the death certificate of the user;(c) A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order; and(d) If requested by the custodian:(I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;(II) Evidence linking the account to the user;(III) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or(IV) A finding by the court that: (A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (I) of this paragraph (d); or(B) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.Added by 2016 Ch. 71,§ 1, eff. 8/10/2016.L. 2016: Entire part added, (SB 16-088), ch. 71, p. 184, § 1, effective August 10.OFFICIAL COMMENT
As in Section 1507, when requesting disclosure of non-content, the fiduciary must write or email the custodian.
Section 1508 requires disclosure of all other digital assets, unless prohibited by the decedent or directed by the court, once the personal representative provides a written request, a death certificate and a certified copy of the letter of appointment. In addition, the custodian may request a court order, and such an order must include findings that the decedent had a specific account with the custodian and that disclosure of the decedent's digital assets is reasonably necessary for administration of the estate. Thus, Section 1508 was intended to give personal representatives default access to the "catalogue" of electronic communications and other digital assets not protected by federal privacy law.