Iowa Code 638.9 – Disclosure of content of electronic communications of principal
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To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
Terms Used In Iowa Code 638.9
- 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
- Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney under chapter 633B. See Iowa Code 638.2
- 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
- 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: means the same as defined in section 633B. See Iowa Code 638.2
- 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
- Principal: means the same as defined in section 633B. See Iowa Code 638.2
2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.
3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect. The certification form provided in section 633B.302 shall satisfy the requirement of this subsection.
4. 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 principal’s account.
b. Evidence linking the account to the principal.