2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 8 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 35-8-101 — 35-8-118) › Section 35-8-115 - Disclosure of digital assets to guardian or conservator

(a)
The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1)
The duty of care;
(2)
The duty of loyalty; and
(3)
The duty of confidentiality.
(b)
A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1)
Except as otherwise provided in §
35-8-104
, is subject to the applicable terms of service;
(2)
Is subject to other applicable law, including copyright law;
(3)
In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4)
May not be used to impersonate the user.
(c)
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.
(d)
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.
(e)
A fiduciary with authority over the tangible personal property of a decedent, minor, person with a disability, principal, or settlor:
(1)
Has the right to access the property and any digital asset stored in it; and
(2)
Is an authorized user for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including title 39, chapter 14, part 6.
(f)
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.
(g)
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:
(1)
If the user is deceased, a certified copy of the death certificate of the user;
(2)
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
(3)
If requested by the custodian:
(A)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B)
Evidence linking the account to the user; or
(C)
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).
Added by 2016 Tenn. Acts, ch. 570,s 16, eff. 7/1/2016.