North Carolina General Statutes 36F-9. Disclosure of content of electronic communications of principal
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 of an electronic communication if the agent gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
Terms Used In North Carolina General Statutes 36F-9
- 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.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- 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
(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.
(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. (2016-53, s. 1.)