Ind. Code § 32-39-2-6

Current through P.L. 171-2024
Section 32-39-2-6 - Disclosure to principal's attorney in fact of content of principal's electronic communications

To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal's attorney in fact the content of the electronic communications of the principal if the attorney in fact gives the custodian:

(1) a written request for disclosure of the electronic communications in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the attorney in fact authority over the content of electronic communications of the principal;
(3) a certification by the attorney in fact, under penalty of perjury, that the power of attorney is in effect; and
(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 principal's account; or
(B) evidence linking the account to the principal.

IC 32-39-2-6

Added by P.L. 137-2016, SEC. 14, eff. 7/1/2016.