Section 45a-334p - Fiduciary duty and authority(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (2) The duty of loyalty; and(3) The duty of confidentiality.(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Except as otherwise provided in section 45a-334e, is subject to the applicable terms-of-service agreement;(2) Is subject to other applicable law, including copyright law;(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and(4) May not be used to impersonate the user.(c) A fiduciary with authority over the property of a decedent, conserved person, principal or settlor has the right to access any digital asset in which the decedent, conserved person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, conserved person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251.(e) A fiduciary with authority over the tangible, personal property of a decedent, conserved person, principal or settlor:(1) Has the right to access the property and any digital asset stored in it; and(2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251.(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) A certified copy of the death certificate of the user if the user is deceased;(2) A certified copy of any one or more of the following that gives the fiduciary authority over the account: (A) A certificate of appointment as executor;(B) A certificate of appointment as conservator;(C) A power of attorney; or(3) 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 finding by a court that the user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision.Conn. Gen. Stat. § 45a-334p
Added by P.A. 16-0145, S. 15 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.