Tenn. Code Ann. § 35-8-114: Disclosure of other digital assets held in trust when trustee is not original user
Where this section sits in the code
- TN Code
- Title 35
- Chapter 8
(a) After an opportunity for a hearing under title 34, chapter 1, the court may grant a guardian or conservator access to the digital assets of a minor or person with a disability. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator the catalogue of electronic communications sent or received by a minor or person with a disability and any digital assets, other than the content of electronic communications, in which the minor or person with a disability has a right or interest if the guardian or conservator gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certified copy of the court order that gives the guardian or conservator authority over the digital assets of the minor or person with a disability; and (3) If requested by the custodian: (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the minor or person with a disability; or (B) Evidence linking the account to the minor or person with a disability. (c) A guardian or conservator with general authority to manage the assets of a minor or person with a disability may request a custodian of the digital assets of the minor or person with a disability to suspend or terminate an account of the minor or person with a disability for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the property of the minor or person with a disability. Added by 2016 Tenn. Acts, ch. 570,s 15, eff. 7/1/2016.
(a) After an opportunity for a hearing under title 34, chapter 1, the court may grant a guardian or conservator access to the digital assets of a minor or person with a disability.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator the catalogue of electronic communications sent or received by a minor or person with a disability and any digital assets, other than the content of electronic communications, in which the minor or person with a disability has a right or interest if the guardian or conservator gives the custodian: (1) A written request for disclosure in physical or electronic form; (2) A certified copy of the court order that gives the guardian or conservator authority over the digital assets of the minor or person with a disability; and (3) If requested by the custodian: (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the minor or person with a disability; or (B) Evidence linking the account to the minor or person with a disability.
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the court order that gives the guardian or conservator authority over the digital assets of the minor or person with a disability; and
(3) If requested by the custodian: (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the minor or person with a disability; or (B) Evidence linking the account to the minor or person with a disability.
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the minor or person with a disability; or
(B) Evidence linking the account to the minor or person with a disability.
dian to identify the account of the minor or person with a disability; or (B) Evidence linking the account to the minor or person with a disability.
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the minor or person with a disability; or
(B) Evidence linking the account to the minor or person with a disability.
(c) A guardian or conservator with general authority to manage the assets of a minor or person with a disability may request a custodian of the digital assets of the minor or person with a disability to suspend or terminate an account of the minor or person with a disability for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the property of the minor or person with a disability.
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