Bill > S1110

This bill establishes the Massachusetts Fiduciary Access to Digital Assets Act, which provides a comprehensive framework for how fiduciaries (such as executors, trustees, agents, and conservators) can access and manage a person's digital assets after death or in cases of incapacity. The legislation defines digital assets broadly as electronic records in which an individual has a right or interest, and creates a systematic approach for accessing these assets while protecting user privacy. The bill allows users to provide specific directions about their digital assets through online tools or in legal documents like wills or powers of attorney, giving them control over how their digital information might be accessed after their death or incapacitation. Fiduciaries are granted limited access to digital assets, with their rights being equivalent to those of the original user, and custodians (like email or social media providers) are given clear guidelines on how to respond to requests for digital asset disclosure. The law provides specific procedures for different scenarios, such as accessing a deceased person's digital assets, a principal's digital assets through a power of attorney, or a protected person's digital assets through a conservatorship. Importantly, the bill includes protections for users and custodians, such as requiring specific documentation for disclosure, allowing custodians to seek court orders, and providing immunity for custodians acting in good faith. The act will take effect one year after its enactment, giving stakeholders time to understand and prepare for its implementation.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1110