# Ind. Code § 32-39-2-1: User direction concerning disclosure of digital asset

> Indiana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-1

## Section

- **Citation:** Ind. Code § 32-39-2-1
- **Heading:** User direction concerning disclosure of digital asset
- **Jurisdiction:** Indiana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-1

## Text

Sec. 1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user's digital assets:

(1) to disclose; or

(2) not to disclose;

some or all of the user's digital assets, including the content of electronic communications to a designated recipient. If the online tool allows the user to modify or delete a direction at all times, a direction by a user to the custodian regarding disclosure through use of an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(b) If a user has not used an online tool to give a direction under subsection (a) or if the custodian has not provided an online tool, the user, in a will, trust, power of attorney, or other record, may:

(1) allow; or

(2) prohibit;

disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(c) A user's:

(1) direction through the use of an online tool under subsection (a); or

(2) provision in a will, trust, power of attorney, or other record under subsection (b);

overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

As added by P.L.137-2016, SEC.14.

## Nearby sections

- [Ind. Code § 32-39-2-1 User direction concerning disclosure of digital asset](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-1.md)
- [Ind. Code § 32-39-2-2 Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-2.md)
- [Ind. Code § 32-39-2-3 Custodian's disclosure of user's digital assets](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-3.md)
- [Ind. Code § 32-39-2-4 Disclosure to personal representative of content of deceased user's electronic communication](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-4.md)
- [Ind. Code § 32-39-2-5 Disclosure to personal representative of deceased user's other digital assets](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-5.md)
- [Ind. Code § 32-39-2-6 Disclosure to principal's attorney in fact of content of principal's electronic communications](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-6.md)
- [Ind. Code § 32-39-2-7 Disclosure to principal's attorney in fact of principal's other digital assets](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-7.md)
- [Ind. Code § 32-39-2-8 Disclosure of digital assets held in trust to trustee that is an original user](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-8.md)
- [Ind. Code § 32-39-2-9 Disclosure of contents of electronic communications held in trust to trustee that is not an original user](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-9.md)
- [Ind. Code § 32-39-2-10 Disclosure of other digital assets held in trust to trustee that is not an original user](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-10.md)
- [Ind. Code § 32-39-2-11 Disclosure of digital assets to guardian of protected person](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-11.md)
- [Ind. Code § 32-39-2-12 Duties and authority of fiduciary with respect to digital assets of decedent, protected person, principal, or settlor](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-12.md)
- [Ind. Code § 32-39-2-13 Custodian compliance with request for disclosure of digital assets or termination of account; immunity from liability](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-13.md)
- [Ind. Code § 32-39-2-14 Consideration of need for uniformity among enacting states](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-1. Check the current official text before relying on it. Not legal advice.