Kentucky Statutes 395A.120 – Disclosure of contents of electronic communications held in trust when trustee is not original user
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument or a certification of the trust under KRS
386B.10-120 that includes consent to disclosure of the content of electronic communications to the trustee;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(b) Evidence linking the account to the trust.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 63, sec. 11, effective July 15, 2020.
(1) A written request for disclosure in physical or electronic form;
Terms Used In Kentucky Statutes 395A.120
- 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.
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Kentucky Statutes 395A.020
- User: means a person that has an account with a custodian. See Kentucky Statutes 395A.020
(2) A certified copy of the trust instrument or a certification of the trust under KRS
386B.10-120 that includes consent to disclosure of the content of electronic communications to the trustee;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(b) Evidence linking the account to the trust.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 63, sec. 11, effective July 15, 2020.