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Idaho Code § 15-14-112

Disclosure of contents of electronic communications held in trust when trustee is not original user

Known as the Revised Uniform Fiduciary Access to Digital Assets Act

The act spans §§ 15-14-101 to 15-14-119 (19 sections).

I.C., § 15-14 -112, as added by 2016, ch. 263, § 1, p. 685.

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 the 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 to the custodian:

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

(2) A certified copy of the trust instrument or a certification of the trust under chapter 1, title 68, Idaho Code, 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 that the trustee is a currently acting trustee of the trust; and

(4) If requested by the custodian: A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or

(5) Evidence linking the account to the trust.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.