Kentucky Statutes 395A.070 – Disclosure of content of electronic communications of deceased user
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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:
(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 order of appointment of the personal representative, an order dispensing with administration pursuant to KRS § 395.455, or other court order giving access to the personal representative;
(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 paragraph (a) of this subsection;
2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. secs. 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable 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.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 63, sec. 6, effective July 15, 2020.
(1) A written request for disclosure in physical or electronic form; (2) A certified copy of the death certificate of the user;
Terms Used In Kentucky Statutes 395A.070
- 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 Kentucky Statutes 395A.020
- Court: means District Court. See Kentucky Statutes 395A.020
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Kentucky Statutes 395A.020
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Kentucky Statutes 395A.020
- Electronic communication: has the meaning set forth in 18 U. See Kentucky Statutes 395A.020
- 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.
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Kentucky Statutes 395A.020
- 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 Kentucky Statutes 395A.020 - Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter. See Kentucky Statutes 395A.020
- 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 Kentucky Statutes 395A.020
- User: means a person that has an account with a custodian. See Kentucky Statutes 395A.020
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(3) A certified copy of the order of appointment of the personal representative, an order dispensing with administration pursuant to KRS § 395.455, or other court order giving access to the personal representative;
(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 paragraph (a) of this subsection;
2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. secs. 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable 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.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 63, sec. 6, effective July 15, 2020.