Enact the Revised Uniform Fiduciary Access to Digital Assets Act

Last updated: Apr 15, 2018

Details about this bill
Category: Privacy / Data Protection
Status: Passed
Sponsor: Representative Barbara Cardone, House 127
Session: 128
Bill #: LD 846

Position:

Monitoring.

Summary:

This bill enacts the Revised Uniform Fiduciary Access to Digital Assets Act as the Maine Revised Uniform Fiduciary Access to Digital Assets Act, Article 10 in the Maine Revised Statutes, Title 18-A.

The National Conference of Commissioners on Uniform State Laws approved the Revised Uniform Fiduciary Access to Digital Assets Act in July 2015.

The Prefatory Note and accompanying comments to the Maine Revised Uniform Fiduciary Access to Digital Assets Act provide a summary and explanation of the Revised Uniform Fiduciary Access to Digital Assets Act. The Revised Uniform Fiduciary Access to Digital Assets Act provides an important update for the Internet age. A generation ago, files were stored in cabinets, photos were stored in albums and mail was delivered by a human being. Today, people are more likely to use the Internet to communicate and store information. The Revised Uniform Fiduciary Access to Digital Assets Act ensures users retain control of their digital property and can plan for its ultimate disposition after their death but also takes into account the digital privacy that users and those with whom they communicate have a right to expect under federal law and the unique authentication issues inherent in a paperless record-keeping system. Unless the user instructs otherwise, legally appointed fiduciaries will have the same access to digital assets as they have always had to tangible assets and the same duty to comply with the user's instructions.

This bill modifies the Revised Uniform Fiduciary Access to Digital Assets Act to be consistent with existing Maine law with regard to conservators.

Part B amends the Maine Uniform Power of Attorney Act to specifically allow a power of attorney to grant authority to enable the agent to access the content of an electronic communication to be consistent with the grant of express authority required by Section 9 of the Revised Uniform Fiduciary Access to Digital Assets Act, included in this bill as the Maine Revised Statutes, Title 18-A, section 10-109.

Part C provides that the provisions of this bill take effect January 1, 2018.