Disclosure of content of electronic communications of principal

SDCL § 55-19-9 — under UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT.

SDCL § 55-19-9

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. Source: SL 2017, ch 209 , § 9.