If a deceased user consented to, or a court directs disclosure of, the contents of electronic communications of the user, the custodian shall disclose to the executor of the estate of the user the content of an electronic communication sent or received by the user if the executor 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 certificate of appointment as executor;(4) 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; and(5) 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; or(C) A court record or order that includes a finding by the court that:(i) The user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision;(ii) Disclosure of the content of electronic communications of the user would not violate 18 USC 2701 et seq., 47 USC 222, or other applicable law, as amended from time to time;(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.Conn. Gen. Stat. § 45a-334h
Added by P.A. 16-0145, S. 7 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.