The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
DISCLAIMER
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
14-13107 - Disclosure of content of electronic communications of deceased user
14-13107. Disclosure of content of electronic communications of deceased user
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian all of the following:
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 letters testamentary, a small-estate affidavit or a court order.
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.
5. If requested by the custodian, any of the following:
(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.
(c) A finding by the court of one or more of the following:
(i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.
(ii) Disclosure of the content of electronic communications of the user would not violate 18 United States Code sections 2701 through 2712, 47 United States Code section 222 or other applicable law.
(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications.
(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.