Iowa Code 638.7 – Disclosure of content of electronic communications of deceased user
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Terms Used In Iowa Code 638.7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
638.7 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 personal representative gives the custodian all of the following:
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 of appointment of the personal representative, an original affidavit made pursuant to § 633.356, or a file-stamped copy of the court order authorizing the personal representative to administer the user’s estate.
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.
5. If requested by the custodian, any of the following:
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. A finding by the court of any of the following:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph “”a””.
(2) 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.
(3) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications.
(4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2017 Acts, ch 79, §10
Referred to in §638.16
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 all of the following:
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 of appointment of the personal representative, an original affidavit made pursuant to § 633.356, or a file-stamped copy of the court order authorizing the personal representative to administer the user’s estate.
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.
5. If requested by the custodian, any of the following:
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. A finding by the court of any of the following:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph “”a””.
(2) 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.
(3) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications.
(4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2017 Acts, ch 79, §10
Referred to in §638.16