N.D. Cent. Code § 47-36-08

Current through 2024 Legislative Session

Section 47-36-08 - Disclosure of content of electronic communications of principal

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

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

2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

3. A certification by the agent, 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 or account identifier assigned by the custodian to identify the principal's account; or

b. Evidence linking the account to the principal.

N.D.C.C. § 47-36-08

Added by S.L. 2017, ch. 318 (HB 1214),§ 1, eff. 8/1/2017.