Disclosure of content of electronic communications of

NMSA 1978, § 46-13-9 — under Article 13.

NMSA 1978, § 46-13-9

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: A. a written request for disclosure in physical or electronic form; B. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; C. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and D. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (2) evidence linking the account to the principal. History: Laws 2017, ch. 72, § 9.