If a deceased user consented to or a court directs disclosure of the content 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 to the custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the death certificate of the user.
(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order.
(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) An order of the court finding any of the following:
(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1).
(B) That disclosure of the content of the user’s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law.
(C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications.
(D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
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