711.09 Choice of methods for disclosing digital property; custodian.

297 words·~1 min read·/wi/chapter-711/711-09

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)When disclosing digital property of a user under this chapter, the custodian may in its sole discretion provide a fiduciary or designated recipient with any of the following:

(a)Full access to the user’s account.

(b)Partial access to the user’s account that is sufficient to perform the tasks with which the fiduciary or designated recipient is charged.

(c)A copy in a record of any digital property that the user could have accessed if the user were alive, had full capacity, and had full access to the account on the date on which the custodian received the request for disclosure.

(2)A custodian may assess a reasonable administrative charge to a fiduciary or designated recipient for the cost of disclosing digital property under this chapter.

(3)A custodian is not required to disclose under this chapter digital property deleted by the user.

(4)If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this chapter some, but not all, of the user’s digital property, the custodian is not required to disclose the digital property if segregation of the digital property would impose an undue burden on the custodian. If the custodian refuses to disclose digital property because the custodian believes the segregation of the digital property imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:

(a)To the fiduciary or designated recipient, a subset of the user’s digital property that is limited by date.

(b)To the fiduciary or designated recipient, all of the user’s digital property.

(c)None of the user’s digital property.

(d)To the court for review in camera, all of the user’s digital property.