Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

(1)  a written request for disclosure in physical or electronic form;

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Terms Used In Utah Code 75-11-112

  • 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 Utah Code 75-11-102
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that:
(a) has been sent or received by a user;
(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
(c) is not readily accessible to the public. See Utah Code 75-11-102
  • Court: means the district court. See Utah Code 75-11-102
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
  • Trustee: includes a successor trustee. See Utah Code 75-11-102
  • Trustee: A person or institution holding and administering property in trust.
  • User: means a person that has an account with a custodian. See Utah Code 75-11-102
    • (2)  a certified copy of the trust instrument or a certification of the trust under Section 75-7-1013 that includes consent to disclosure of the content of electronic communications to the trustee;

    (3)  a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

    (4)  if requested by the custodian:

    (a)  a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or

    (b)  evidence linking the account to the trust.

    Enacted by Chapter 16, 2017 General Session

    Technically renumbered for proper placement.

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