Relates to the power of the fiduciary to access electronic mail and electronic information storage accounts

Summary of provisions

Section one of this bill amends section 11-1.11(b) of the Estates, Powers, and Trusts Law ("EPTL") to add a new subparagraph (22). This new subparagraph provides the executor or personal representative with the power to request information regarding the decedent's electronic mail or electronic storage account. This power does not include the power to obtain the contents of any electronic mail or file in an electronic storage account.

Section two of the bill adds a new section 11-1.12 to the EPTL. This new section provides executors and personal representatives with access to the decedent's electronic mail accounts and electronic storage accounts. This access is granted when the decedent has consented to the executor or personal representative's access to such accounts, as provided in the new General Business Law Article 10-C, and the Court issues an order that includes the indemnification of the service provider granting such access. When the decedent has not consented because the electronic mail or electronic storage account was established prior to the effective date of the requirements provided in the new General Business Law Article, access may be granted pursuant to a Court order, provided that the Court order includes indemnification of the service provider granting such access.

Section three of the bill amends the General Business Law by adding a new Article 10C. This new Article contains five new sections. New section 167 are definitions of the terms used in the Article.

New section 167-a provides that any electronic mail or electronic data storage account opened after December 31, 2014 must allow a New York resident to nominate a person or the personal representative or executor of his or estate as the person who may access the electronic mail or electronic data storage account being established. The service provider has the option to allow the New York resident to specify certain items in such accounts for which access is not granted. For electronic mail or electronic data storage accounts opened by a New York resident prior to January 1, 2015, the service provider may afford the New York resident account holder with the same ability to nominate as will be provided to New York residents who open accounts after December 31, 2014. When the service provider presents the New York resident with the option to nominate, the service provider must also disclose that in the event the account is accessed, the estate or individual named will be required to indemnify the service provider for any liability arising from such access.

New section 167-b provides that any person engaged in business in New York who uses electronic mail and/or electronic data as a means of communication shall be deemed to have consented to the access of the

electronic mail or electronic data sent to the decedent. This section also requires the service providers to provide access to the person nominated by the New York resident or when access is ordered by the Court.

New section 167-c provides that the an electronic mail or electronic data storage account cannot be automatically be terminated upon the death of the account holder. The executor or personal representative for the decedent's estate, or next of kin when the estate is not subject to probate, may request termination of such accounts. New section 167-d provides that the Consumer Protection Division of the Department of State shall, in consultation with the Department of Financial Services, post information regarding the importance of ensuring that electronic mail and electronic data storage accounts can be accessed after death on the Division's home page.

Justification

In today's world business is conducted on computers and the Internet, but our laws not kept up with society's increasing reliance on technology. This bill would address one of the short comings of the State's estates, powers, and trusts laws insurance companies regardless of whether it be home owners or health are conducting business online, sending bills and accepting payment is the Internet and many times the only record of such a transaction on the customer's end is the receipt sent to the customer's electronic mail. An increasing number of online sales and transactions are conducted with receipts for purchase being sent to electronic mail accounts of the purchaser. The Apple corporation even sends receipts for in store purchases to the electronic mail accounts of their customers. Given the increased reliance of electronic mail and electronic information storage systems the law needs to be amended to reflect the way in which our society now operates in the information age and allow the executor or administrator of an estate to have access to or copies of information contained in the electronic mail account or the electronic information storage system of the decedents.

Legislative history

New Bill

Fiscal implications

Minimal

Effective date

This act shall take effect immediately.