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.

Terms Used In Iowa Code 638.7

  • 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
  • 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.
  • 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
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Iowa Code 638.2
  • Electronic communication: has the meaning set forth in 18 U. 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
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Iowa Code 638.2
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Iowa Code 638.2
  • Personal representative: means the same as defined in section 633. See Iowa Code 638.2
  • 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 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 section 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.
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