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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user's digital assets:
(1) to disclose; or
(2) not to disclose;
some or all of the user's digital assets, including the content of electronic communications to a designated recipient. If the online tool allows the user to modify or delete a direction at all times, a direction by a user to the custodian regarding disclosure through use of an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give a direction under subsection (a) or if the custodian has not provided an online tool, the user, in a will, trust, power of attorney, or other record, may:
(1) allow; or
(2) prohibit;
disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's:
(1) direction through the use of an online tool under subsection (a); or
(2) provision in a will, trust, power of attorney, or other record under subsection (b);
overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-39-2-1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-39-2-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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