S.D. Codified Laws § 55-19-9

Current through the 2024 Legislative Session
Section 55-19-9 - 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.

SDCL 55-19-9

SL 2017, ch 209, §9.
Added by S.L. 2017, ch. 209,s. 9, eff. 7/1/2017.