Section 32-39-2-3 - Custodian's disclosure of user's digital assets(a) When disclosing digital assets of a user under this chapter, the custodian, at the custodian's sole discretion, may:(1) grant a fiduciary or designated recipient full access to the user's account;(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or(3) provide a fiduciary or designated recipient a copy of a record of any digital asset that, on the date on which the custodian received the request for disclosure, the user could have accessed if the user:(B) had full capacity; and(C) had access to the account.(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.(c) A custodian need not disclose under this chapter a digital asset that has been deleted by a user.(d) Subject to subsection (e), if: (1) a user directs a custodian to disclose to a fiduciary or designated recipient; or(2) a fiduciary or designated recipient requests disclosure by a custodian of; some, but not all, of the user's digital assets under this chapter, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian.
(e) If a custodian believes that a direction or request for the disclosure of some but not all of a user's digital assets as described in subsection (d) would impose an undue burden on the custodian, the custodian or fiduciary may seek an order from a court for the custodian:(1) to disclose: (A) a subset of the user's digital assets limited by date of the user's digital assets;(B) all of the user's digital assets; or(C) none of the user's digital assets; to the fiduciary or designated recipient; or
(2) to disclose all of the user's digital assets to the court for review in camera.Added by P.L. 137-2016, SEC. 14, eff. 7/1/2016.