Iowa Code 638.6 – Procedure for disclosing digital assets
Current as of: 2023 | Check for updates
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1. When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion do any of the following:
a. Grant a fiduciary or designated recipient full access to the user’s account.
b. Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
c. Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive, was competent, and had access to the account.
Terms Used In Iowa Code 638.6
- 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 Iowa Code 638.2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means a district court in this state. See Iowa Code 638.2
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Iowa Code 638.2
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Iowa Code 638.2
- Digital asset: means an electronic record in which an individual has a right or interest. See Iowa Code 638.2
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means a personal representative, conservator, guardian, agent, or trustee. See Iowa Code 638.2
- 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
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 638.2
- User: means a person that has an account with a custodian. See Iowa Code 638.2
2. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
3. A custodian need not disclose under this chapter a digital asset deleted by a user.
4. If a user directs or a fiduciary requests a custodian to disclose some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:
a. A subset of the user’s digital assets limited by date.
b. All of the user’s digital assets to the fiduciary or designated recipient.
c. None of the user’s digital assets.
d. All of the user’s digital assets to the court for review in camera.