Section 2137.08 | 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 all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(C) A certification by the agent, under penalty of perjury, that the power of attorney is in effect;
(D) If requested by the custodian, either of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account;
(2) Evidence linking the account to the principal.
Available Versions of this Section
- April 6, 2017 – Enacted by House Bill 432, 131st General Assembly [ View April 6, 2017 Version ]