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: (1) a written request for disclosure in physical or electronic form; (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4) 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

(B) evidence linking the account to the principal.

History: (Act 2017-316, §1.)