If a deceased user consented to, 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:

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

B. a certified copy of the death certificate of the user;

C. a certified copy of the letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of Section 45-3-1201 NMSA 1978;

D. 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; and

E. if requested by the custodian:

1. (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
2. (2) evidence linking the account to the user; or

3. (3) a finding by the court that:

   1. (a) the user had a specific account with the custodian, identifiable by the information specified in Paragraph (1) of this subsection;
   2. (b) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;
   3. (c) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
   4. (d) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

History: Laws 2017, ch. 72, § 7.

ANNOTATIONS

Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 7 effective January 1, 2018.