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2015 SESSION
SB 1450 Privacy Expectation Afterlife and Choices Act; created, undue burden restriction, etc.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Privacy Expectation Afterlife and Choices Act; adoption. Codifies the Privacy Expectation Afterlife and Choices Act (the Act), which dictates the circumstances under which a provider of an electronic communications service or remote computing service may be required to disclose electronic communications to the personal representative of a deceased user's estate. The Act provides that a provider shall not be compelled to make such disclosure if doing so would be contrary to the deceased user's expressed intent. The Act further provides that a provider shall not be held liable in any civil or criminal action for compliance in good faith with a court order issued pursuant to the Act. Finally, the bill requests that the Joint Commission on Technology and Science study the implementation of the Act and develop legislative recommendations to address access to electronic communication records and digital account content by guardians ad litem, conservators, and other fiduciaries.
SUMMARY AS PASSED SENATE:
Privacy Expectation Afterlife and Choices Act; adoption. Codifies the Privacy Expectation Afterlife and Choices Act, which dictates the circumstances under which a provider of an electronic communications service or remote computing service may be required to disclose electronic communications to the executor of a deceased user's estate. The Act provides that a provider shall not be compelled to make such disclosure if doing so would be contrary to the deceased user's expressed intent. The Act further provides that a provider shall not be held liable in any civil or criminal action for compliance in good faith with a court order issued pursuant to the Act.
SUMMARY AS INTRODUCED:
Privacy Expectation Afterlife and Choices Act; adoption. Codifies the Privacy Expectation Afterlife and Choices Act, which dictates the circumstances under which a provider of an electronic communications service or remote computing service may be required to disclose electronic communications to the executor of a deceased user's estate. The Act provides that a provider shall not be compelled to make such disclosure if doing so would be contrary to the deceased user's expressed intent. The Act further provides that a provider shall not be held liable in any civil or criminal action for compliance in good faith with a court order issued pursuant to the Act.