A. A personal representative of a deceased minor who was domiciled in the Commonwealth at the time of his death may assume the deceased minor’s terms of service agreement for a digital account with a provider for purposes of consenting to and obtaining the disclosure of the contents of the deceased minor’s electronic communications and records pursuant to 18 U.S.C. § 2702 unless such access is contrary to the express provisions of a will, trust instrument, power of attorney, or court order. Such access shall be subject to the same license, restrictions, or legal obligations of the deceased minor.

B. A provider shall provide to the personal representative access to the deceased minor’s electronic communications and records pursuant to subsection A within 60 days from the receipt of (i) a written request for such access by the personal representative and (ii) a copy of the death certificate of the deceased minor. However, if the provider receives notice of a claim or dispute regarding providing access to the deceased minor’s electronic communications and records pursuant to this subsection, such provider is not required to comply with any written request received pursuant to this subsection until a final nonappealable judgment is rendered by a court of competent jurisdiction determining the rights in or entitlement to any content in the deceased minor’s digital account.

C. Nothing in this section shall be construed to require a provider to disclose any information in violation of any applicable state or federal law.

History

2013, cc. 280, 369; 2015, c. 657.