Disclosure of content of electronic communications of deceased user

58-4807. Disclosure of content of electronic communications of deceased user. 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 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; (d) 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 (e) if requested by the custodian: (1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; or (3) a finding by the court that: (A) The user had a specific account with the custodian, identifiable by the information specified in subsection (e)(1); (B) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222 or other applicable law; (C) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (D) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. History: L. 2017, ch. 19, § 7; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026