What a Custodian Must Disclose to an Agent
If you have named someone as your agent through a power of attorney with authority over digital assets, that agent can request information from online custodians like email providers, social media platforms, and cloud storage services. The custodian is required to provide a catalogue of electronic communications and access to other digital assets. However, this does not include the actual content of those communications unless separately authorized.
Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal.
A.R.S. § 14-13110The distinction between a catalogue and actual content matters. A catalogue typically includes metadata like sender names, dates, and subject lines. The content itself, such as the body of an email, receives stronger privacy protection under the statute.
Documentation the Agent Must Provide
To trigger the custodian's obligation, the agent must submit a written request, a copy of the power of attorney showing the relevant authority, and a sworn certification that the power of attorney is currently in effect. The custodian may also ask for account identifiers or evidence connecting the account to the principal. This documentation requirement protects against unauthorized access while still giving legitimate agents a clear path to the information they need.
