North Dakota Code 47-36-06 – 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:
Terms Used In North Dakota Code 47-36-06
- 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.
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
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 letter of appointment of the representative or a small estate affidavit or court order; 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; and
5. If requested by the custodian:
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; or c. A finding by the court that:
(1) The user had a specific account with the custodian, identifiable by the information specified in subdivision a; (2) Disclosure of the content of electronic communications of the user would not violate applicable state or federal law; (3) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.