AB 691, as introduced, Calderon. The Privacy Expectation Afterlife and Choices Act (PEAC).
Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified.
This bill would establish the Privacy Expectation Afterlife and Choices Act, which would require a probate court to order an electronic communication service or remote computing service provider, as defined, to disclose to the executor or administrator of the estate a record or other information pertaining to the deceased user, but not the contents of communications or stored contents. The bill would require the probate court to make specified findings in order to require this disclosure, including that the executor or administrator demonstrates a good faith belief that account records are relevant to resolve issues regarding fiscal assets of the estate. The bill would exempt the provider from disclosure if the deceased user expressed a different intent through either deletion of the records or contents during the user’s lifetime, or affirmatively indicating, through a setting within the product or service, how the user’s records or the content of communications can be treated after a set period of inactivity or other event and would exempt the provider from civil liability for compliance in good faith with a court order issued pursuant to this act.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Part 20 (commencing with Section 870) is added
2to Division 2 of the Probate Code, to read:
3
This part may be known, and may be cited, as the Privacy
8Expectation Afterlife and Choices Act.
(a) A probate court that has jurisdiction of the estate of
10the deceased user shall order a provider to disclose to the executor
11or administrator of the estate a record or other information
12pertaining to the deceased user, but not the contents of
13communications or stored contents, if the court makes all of the
14following findings of facts:
15(1) The user is deceased.
16(2) The deceased user was the subscriber to or customer of the
17provider.
18(3) The account belonging to the deceased user has been
19identified with specificity, including a unique identifier assigned
20by the provider.
21(4) There are no other authorized users or owners of the
22deceased user’s account.
23(5) Disclosure is not in violation of another applicable law.
24(6) The request for disclosure is narrowly tailored to effect the
25purpose of the administration of the estate.
26(7) The executor or administrator demonstrates a good faith
27belief that account records are relevant to resolve issues regarding
28fiscal assets of the estate.
29(8) The request seeks information spanning no more than a year
30prior to the date of death.
P3 1(9) The request is not in conflict with the deceased user’s will
2or other expression of the deceased user’s intent.
3(b) Except as provided in subdivision (c), a provider shall
4disclose to the executor or administrator of the estate the contents
5of the deceased user’s account, to the extent reasonably available,
6only if the executor or administrator gives the provider all of the
7following:
8(1) A written request for the contents of deceased user’s account.
9(2) A copy of the death certificate of the deceased user.
10(3) An order of the probate court with jurisdiction over the estate
11of the deceased that includes all of the findings required in
12subdivision (a).
13(4) An order that the estate shall first indemnify the provider
14from all liability in complying with the order.
15(c) If an order is served on a provider pursuant to this section,
16the provider may make a motion to quash or modify the order. The
17court shall grant the motion if compliance with the order would
18cause an undue burden on the provider or if any of the requirements
19of subdivision (b) are not met.
A provider shall not be compelled to disclose a record or
21the contents of communications if any of the following apply:
22(a) The deceased user expressed a different intent through either
23deletion of the records or contents during the user’s lifetime, or
24affirmatively indicating, through a setting within the product or
25service, how the user’s records or the content of communications
26can be treated after a set period of inactivity or other event.
27(b) The provider is aware of any indication of lawful access to
28the account after the date of the deceased user’s death or that the
29account is not that of the deceased user.
30(c) Disclosure violates the law.
(a) Nothing in this part shall be interpreted to confer upon
32the executor or administrator of the decedent’s estate greater rights
33in the contents than those enjoyed by the deceased user.
34(b) Nothing in this part shall require a requesting party to assume
35control of a deceased user’s account.
A provider shall not be held liable for compliance in good
37faith with a court order issued pursuant to this part.
As used in this part, the following definitions shall apply:
P4 1(a) “Contents” means information concerning the substance,
2purport, or meaning of communications and includes the subject
3line of the communication.
4(b) “Electronic communication” means a transfer of signs,
5signals, writing, images, sounds, data, or intelligence of any nature
6that is transmitted, in whole or in part, by a wire, radio,
7electromagnetic, or photooptical system that affects interstate or
8foreign commerce. “Electronic communication” does not include
9any of the following:
10(1) Wire or oral communication.
11(2) Communication made through a tone-only paging device.
12(3) Communication from a tracking device.
13(4) Electronic funds transfer information stored by a financial
14institution in a communication system used for the electronic
15storage and transfer of funds.
16(c) “Electronic communication service” means a service that
17provides to users the ability to send or receive wire or electronic
18communication.
19(d) “Electronic communications system” means a wire, radio,
20electromagnetic, photooptical, or photoelectronic facility for the
21transmission of wire or electronic communications and any
22computer facilities or related electronic equipment for the electronic
23storage of those communications.
24(e) “Provider” means an electronic communication service or
25remote computing service.
26(f) “Remote computing service” means providing to the public
27of computer storage or processing services by means of an
28electronic communications system.
29(g) “User” means a person or entity who uses an electronic
30communication services and is duly authorized by the provider to
31engage in that use.
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