Iowa Enacts Provisions Regarding its Uniform Fiduciary Access to Digital Assets Act
The state of Iowa enacted provisions regarding its Uniform Fiduciary Access to Digital Assets Act. The act clarifies the law regarding access to digital assets in the case of death or incapacitation and grants fiduciaries access to a user’s online accounts, correspondences, and other computer files, if specified in his or her will, trust, or similar agreement. These provisions are effective on July 1, 2017.
“Digital asset” means an electronic record in which an individual has a right or interest. It does not include an underlying asset or liability and does not include health information or individually identifiable health information.
The act applies to a fiduciary or agent acting under a will or power of attorney, a personal representative acting for a decedent, a conservator or guardian acting for a ward, or a trustee acting under a trust. It also applies to a custodian if the user resides in Iowa or resided in Iowa at the time of the user’s death. It does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
When disclosing digital assets of a user, the custodian may at its sole discretion do any of the following:
- Grant a fiduciary or designated recipient full access
- Grant a fiduciary or designated recipient partial access sufficient to perform the tasks charged
- Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive, was competent, and had access to the account.
Fiduciaries, personal representatives, guardians, and trustees can compel custodians to provide access to users digital assets if they provide the custodian with proper documentation. Documentation might include:
- Written request for disclosure
- Certified copy of the death certificate
- Evidence of appointment of the personal representative
- Certified copy of trust instrument
- If requested by the custodian: unique account identifier assigned by the custodian, evidence that links the account to the user, affidavit stating necessity of disclosure, and certain court findings
The duty of care, loyalty, and confidentiality apply to digital assets just as they would tangible property.
The full text of Senate File 333.
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