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§ 64.2-123 Disclosure of content of electronic communications of principal

To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

1. A written request for disclosure in physical or electronic form;

2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

3. A certification by the agent that the power of attorney is in effect; and

4. If requested by the custodian: a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or b. Evidence linking the account to the principal.

History

This law was first created in 2017. The record of its establishment is cataloged in chapters 33 and 80 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.

2017, cc. 33, 80.

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