A. Notwithstanding § 64.2-111, a provider cannot be compelled to disclose any record or any contents of communications and shall be entitled to file a motion to quash within 60 days after receiving the order if:
1. The deceased user affirmatively (i) expressed an intent not to disclose the records or content of the account through an account setting within the product or service, (ii) made an election with a service provider not to disclose the contents of the user’s account, or (iii) deleted the records or contents during the user’s lifetime. Provisions within a terms of service agreement shall not constitute intent not to disclose the user’s records or content;
3. The decedent was not a subscriber or customer of the provider;
5. Other authorized users of the account object to the disclosure unless otherwise ordered pursuant to § 64.2-113;
7. The provider can demonstrate to the court upon clear and convincing evidence that compliance with the order would create an undue burden upon the provider.
B. Nothing in this article shall be interpreted to confer upon any recipient any greater rights under copyright or other applicable law in the contents than those enjoyed by the deceased user.
C. Nothing in this article shall impair any contractual right that a decedent has in the records or contents of a digital account.
History
2015, c. 657.
