O.C.G.A. § 53-13-11 — Modiﬁcation to existing rights

(a) This chapter shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter shall not give a ﬁduciary or designated recipient any new or expanded rights other than those held by the user for whom, or 959 53-13-11 WILLS, TRUSTS, AND ESTATES 53-13-12 for whose estate, the ﬁduciary or designated recipient acts or represents. (c) A ﬁduciary’s or designated recipient’s access to digital assets may be modiﬁed or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under Code Section 53-13-10. History. — Code 1981, § 53-13-11, enacted by Ga. L. 2018, p. 1089, § 1/SB 301. 53-13-12. Custodian rights; administrative charges; disclosure of deleted assets; court order. (a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (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 in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and 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 deleted by a user. (d) If a user directs or a ﬁduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or ﬁduciary may seek an order from the court to disclose: (1) A subset limited by date of the user’s digital assets; (2) All of the user’s digital assets to the ﬁduciary or designated recipient; (3) None of the user’s digital assets; or (4) All of the user’s digital assets to the court for review in camera. 960 53-13-12 REV. UNIF. FIDUCIARY ACCESS TO DIGITAL ASSETS 53-13-13 History. — Code 1981, § 53-13-12, enacted by Ga. L. 2018, p. 1089, § 1/SB 301. 53-13-13. Deceased giving consent or court order for disclosure by custodian to personal representative. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certiﬁed copy of the death certiﬁcate of the user; (3) A certiﬁed copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative; (4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and (5) If requested by the custodian: (A) A number, username, address, or other unique subscriber or account identiﬁer assigned by the custodian to identify the user’s account; (B) Evidence linking the account to the user; or (C) A ﬁnding by the court that: (i) The user had a speciﬁc account with the custodian, identiﬁable by the information speciﬁed in subparagraph (A) of this paragraph; (ii) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, in effect on January 1, 2018; 47 U.S.C. Section 222, in effect on January 1, 2018; or other applicable law; (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. History. — Code 1981, § 53-13-13, enacted by Ga. L. 2018, p. 1089, § 1/SB 301. 961 53-13-14 WILLS, TRUSTS, AND ESTATES 53-13-15 53-13-14. Custodian’s disclosure of catalogue of electronic communications; circumstances. 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 catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certiﬁed copy of the death certiﬁcate of the user; (3) A certiﬁed copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative; 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 user’s account; (B) Evidence linking the account to the user; (C) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or (D) A ﬁnding by the court that: (i) The user had a speciﬁc account with the custodian, identiﬁable by the information speciﬁed in subparagraph (A) of this paragraph; or (ii) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate. History. — Code 1981, § 53-13-14, enacted by Ga. L. 2018, p. 1089, § 1/SB 301. 53-13-15. Custodian’s disclosure under power of attorney.