Indiana Code 32-39-2-13. Custodian compliance with request for disclosure of digital assets or termination of account; immunity from liability
(1) the disclosure of digital assets; or
Terms Used In Indiana Code 32-39-2-13
- account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Indiana Code 32-39-1-2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- court: means :
Indiana Code 32-39-1-7
- custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
- designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Indiana Code 32-39-1-9
- fiduciary: means :
Indiana Code 32-39-1-14
- Fiduciary: A trustee, executor, or administrator.
- information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Indiana Code 32-39-1-16
- person: means :
Indiana Code 32-39-1-18
- principal: means an individual who grants authority to an attorney in fact in a power of attorney. See Indiana Code 32-39-1-21
- protected person: means an individual for whom a guardian has been appointed. See Indiana Code 32-39-1-22
- user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to a court for an order directing compliance.
(b) An order directing compliance for which a fiduciary or designated recipient applies under subsection (a) must contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(c) A custodian may notify a user that a request for disclosure of the user’s digital assets or to terminate an account of the user has been made under this chapter.
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account that occurs after the custodian’s receipt of the request.
(e) This chapter does not limit a custodian’s ability to obtain, or to require a fiduciary or designated recipient requesting the disclosure of digital assets or the termination of an account under this chapter to obtain, a court order that:
(1) specifies that the account belongs to the protected person or principal;
(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents are immune from liability for an act done or omission made in good faith in compliance with this chapter.
As added by P.L.137-2016, SEC.14.