Tenn. Code Ann. § 35-8-115: Disclosure of digital assets to guardian or conservator

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) The duty of loyalty; and (3) The duty of confidentiality. (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Except as otherwise provided in § 35-8-104 , is subject to the applicable terms of service; (2) Is subject to other applicable law, including copyright law; (3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) May not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, minor, person with a disability, principal, or settlor has the right to access any digital asset in which the decedent, minor, person with a disability, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, minor, person with a disability, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including the Tennessee Personal and Commercial Computer Act of 2003, compiled in title 39, chapter 14, part 6. (e) A fiduciary with authority over the tangible personal property of a decedent, minor, person with a disability, principal, or settlor: (1) Has the right to access the property and any digital asset stored in it; and (2) Is an authorized user for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including title 39, chapter 14, part 6. (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) If the user is deceased, a certified copy of the death certificate of the user; (2) A certified copy of the letters of administration or letters testamentary appointing the personal representative; a certified copy of the small-estate affidavit under title 30, chapter 4; a certified copy of a court order; an original or a copy of a power of attorney; or a certified copy of the trust instrument or a certification of the trust under § 35-15-1013 , giving the fiduciary authority over the account; 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 user's account; (B) Evidence linking the account to the user; or (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A). Added by 2016 Tenn. Acts, ch. 570,s 16, eff. 7/1/2016.

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) The duty of loyalty; and (3) The duty of confidentiality.

(1) The duty of care;

(2) The duty of loyalty; and

(3) The duty of confidentiality.

ion specified in subdivision (g)(3)(A). Added by 2016 Tenn. Acts, ch. 570,s 16, eff. 7/1/2016.

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) The duty of loyalty; and (3) The duty of confidentiality.

(1) The duty of care;

(2) The duty of loyalty; and

(3) The duty of confidentiality.

(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Except as otherwise provided in § 35-8-104 , is subject to the applicable terms of service; (2) Is subject to other applicable law, including copyright law; (3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) May not be used to impersonate the user.

(1) Except as otherwise provided in § 35-8-104 , is subject to the applicable terms of service;

(2) Is subject to other applicable law, including copyright law;

(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

(4) May not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent, minor, person with a disability, principal, or settlor has the right to access any digital asset in which the decedent, minor, person with a disability, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, minor, person with a disability, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including the Tennessee Personal and Commercial Computer Act of 2003, compiled in title 39, chapter 14, part 6.

(e) A fiduciary with authority over the tangible personal property of a decedent, minor, person with a disability, principal, or settlor: (1) Has the right to access the property and any digital asset stored in it; and (2) Is an authorized user for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including title 39, chapter 14, part 6.

(1) Has the right to access the property and any digital asset stored in it; and

(2) Is an authorized user for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including title 39, chapter 14, part 6.

(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) If the user is deceased, a certified copy of the death certificate of the user; (2) A certified copy of the letters of administration or letters testamentary appointing the personal representative; a certified copy of the small-estate affidavit under title 30, chapter 4; a certified copy of a court order; an original or a copy of a power of attorney; or a certified copy of the trust instrument or a certification of the trust under § 35-15-1013 , giving the fiduciary authority over the account; 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 user's account; (B) Evidence linking the account to the user; or (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A).

(1) If the user is deceased, a certified copy of the death certificate of the user;

address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) Evidence linking the account to the user; or (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A).

(1) If the user is deceased, a certified copy of the death certificate of the user;

(2) A certified copy of the letters of administration or letters testamentary appointing the personal representative; a certified copy of the small-estate affidavit under title 30, chapter 4; a certified copy of a court order; an original or a copy of a power of attorney; or a certified copy of the trust instrument or a certification of the trust under § 35-15-1013 , giving the fiduciary authority over the account; 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 user's account; (B) Evidence linking the account to the user; or (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A).

(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) Evidence linking the account to the user; or

(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A).