O.C.G.A.

O.C.G.A. § 53-13-14 (2019)

Custodian’s disclosure of catalogue of electronic communications; circumstances

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Unless the user prohibited disclosure of digital assets or the 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 copy of the death certificate of the user;

(3) A certified copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative; 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 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 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 subparagraph (A) of this paragraph; or

(ii) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.

History

Code 1981, § 53-13-14, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.