New Jersey Statutes 3B:14-61.7. Disclosure of content of electronic communications of deceased user
Terms Used In New Jersey Statutes 3B:14-61.7
- 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.
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
- 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
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:
a. a written request for disclosure in physical or electronic form;
b. a copy of the death certificate of the user;
c. a certificate evidencing the appointment of the representative or a small-estate affidavit;
d. 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
e. if requested by the custodian, any of the following:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(2) evidence linking the account to the user; or
(3) a finding by the court of any of the following:
(a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection;
(b) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., Unlawful Access to Stored Communications; 47 U.S.C. § 222, Privacy of
Customer Information; or other applicable law;
(c) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(d) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
L.2017, c.237, s.7.