Indiana § 32-39-2-4 - Disclosure to personal representative of content of deceased user's electronic communication
Full text of Indiana Indiana Code § 32-39-2-4 — Disclosure to personal representative of content of deceased user's electronic communication, with citation guidance and answers to common questions.
§ 32-39-2-4. Disclosure to personal representative of content of deceased user's electronic communication
Sec. 4. If a deceased user consented to, or a court directs, disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian the following:
(1) A written request for disclosure in physical or electronic form.
(2) A certified or authenticated copy of the death certificate of the user.
(3) A copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5.
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications.
(5) If requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier 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:
(i) the user had a specific account with the custodian, identifiable by the information specified in clause (A);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the user's estate.
As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.23; P.L.185-2021, SEC.55.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 32-39-2-4
What does Indiana Code § 32-39-2-4 cover?
Section 32-39-2-4 ("Disclosure to personal representative of content of deceased user's electronic communication") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 32-39-2-4?
A common citation format is "Indiana Code § 32-39-2-4" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 32-39-2-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.