Tennessee § 35-8-115 - Disclosure of digital assets to guardian or conservator.

§ 35-8-115. Disclosure of digital assets to guardian or conservator.

The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: The duty of care; The duty of loyalty; and The duty of confidentiality. A fiduciary's or designated recipient's authority with respect to a digital asset of a user: Except as otherwise provided in § 35-8-104, is subject to the applicable terms of service; Is subject to other applicable law, including copyright law; In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and May not be used to impersonate the user. 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. 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. A fiduciary with authority over the tangible personal property of a decedent, minor, person with a disability, principal, or settlor: Has the right to access the property and any digital asset stored in it; and Is an authorized user for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including title 39, chapter 14, part 6. 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. 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: If the user is deceased, a certified copy of the death certificate of the user; 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 If requested by the custodian: A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; Evidence linking the account to the user; or 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). Acts 2016, ch. 570, § 16. Code Commission Notes. Acts 2016, ch. 570, § 1 enacted this chapter as chapter 51 of Title 35, but the chapter has been redesignated as chapter 8 by authority of the Code Commission. Effective Dates. Acts 2016, ch. 570, § 24. July 1, 2016.