Ohio Code 2137.06 – Disclosure of content of electronic communications of deceased user
If a deceased user consented to 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 personal representative gives the custodian all of the following:
Terms Used In Ohio Code 2137.06
- 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 Ohio Code 2137.01
- Content of an electronic communication: means information concerning the substance or meaning of the communication that meets all of the following conditions:
(1) It has been sent or received by a user. See Ohio Code 2137.01
- Court: means the probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Ohio Code 2137.01
- 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 Ohio Code 2137.01
- 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 Ohio Code 2137.01
- Personal representative: means an executor, administrator, special administrator, or other person acting under the authority of the probate court to perform substantially the same function under the law of this state. See Ohio Code 2137.01
- 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 Ohio Code 2137.01
- User: means a person that has an account with a custodian. See Ohio Code 2137.01
- Will: includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments admitted to probate under Chapter 5817 of the Revised Code. See Ohio Code 2137.01
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the death certificate of the user;
( C) A copy of the letter of appointment of the personal representative, the entry appointing a commissioner under division (E) of section 2113.03 of the Revised Code, or the entry granting summary release from administration under division (E) of section 2113.031 of the Revised Code;
(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;
(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;
(3) A finding by the court that one of the following applies:
(a) The user had a specific account with the custodian, identifiable by the information specified in division (E)(1) of this section.
(b) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, 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.
(d) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.