To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (b) evidence linking the account to the principal. HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
South Carolina Legal Code