New Jersey Statutes 3B:14-61.9. Disclosure of content of electronic communications of principal
Terms Used In New Jersey Statutes 3B:14-61.9
- 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
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:
a. a written request for disclosure in physical or electronic form;
b. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
c. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
d. if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(2) evidence linking the account to the principal.
L.2017, c.237, s.9.