Oklahoma § 58-3107 - Disclosure of electronic communications content of

§ 58-3107. Disclosure of electronic communications content of

deceased user.

If a deceased user consented 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 representative gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. A certified copy of the death certificate of the user;

3. A certified copy of the letter of appointment of the

representative or a small-estate affidavit or court order;

Oklahoma Statutes - Title 58. Probate Procedure

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; and

5. 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:

(1) the user had a specific account with the

custodian, identifiable by the information

specified in subparagraph a of paragraph 5 of

this section,

(2) disclosure of the content of electronic

communications of the user would not violate 18

U.S.C., Section 2701 et seq., 47 U.S.C., Section

222, or other applicable law,

(3) unless the user provided direction using an

online tool, the user consented to disclosure of

the content of electronic communications, or

(4) disclosure of the content of electronic

communications of the user is reasonably

necessary for administration of the estate.

Added by Laws 2024, c. 115, § 7, eff. Nov. 1, 2024.