Tennessee Code 34-6-112 – Access to electronic communications
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Terms Used In Tennessee Code 34-6-112
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Fiduciary: means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in §. See Tennessee Code 34-1-101
- Fiduciary: A trustee, executor, or administrator.
- 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
Subject to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, if any power of attorney expressly grants an attorney-in-fact or other agent authority over the content of an electronic communication of the principal, then the attorney-in-fact or other agent shall have the power and authority to access the content of an electronic communication that the custodian is permitted to disclose under the Electronic Communications Privacy Act ( 18 U.S.C. § 2702(b) ). For purposes of this section, “content of an electronic communication,” “custodian,” and “electronic communication” have the same meaning as defined in the Revised Uniform Fiduciary Access to Digital Assets Act.