Sec. 5. Unless the user prohibited disclosure of the user's digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified or authenticated copy of the death certificate of the user;
(3) a copy of the letters (as defined in IC 29-1-1-3(a)(18)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5; or
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user;
(C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the user's estate; or
(D) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in clause (A); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the user's estate.
As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24.
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