Catalogue of electronic communications
A catalogue of electronic communications is a listing of a deceased user's electronic communications held by a custodian, separate from their contents. The term describes what may be disclosed to an executor or personal representative under the conditions stated in applicable rules. For owners of businesses, real estate and private investments, the distinction concerns the listing of communications and the messages themselves.
How it works
A catalogue identifies communications without disclosing their contents. Under RUFADAA, a custodian gives an executor the catalogue on request when the deceased user left no contrary instructions through an online tool or legal document.
Colorado's Revised UFADAA provides for disclosure of a deceased user's communication catalogue to a personal representative, subject to listed documentation, unless the user prohibited disclosure or a court directs otherwise.
Where it shows up for owners of businesses, real estate and private investments
A business owner may have electronic communications held by a custodian. After the owner's death, the catalogue concerns the communications listing, while digital assets may be a separate category of records.
Texas official guidance describes access for a personal representative to a catalogue and other digital assets, but not communication contents, unless the user or a court order prohibits access. Colorado's rule addresses disclosure subject to listed documentation and the user's instructions or a court direction.
Points that are easy to confuse
A catalogue is different from message content. New York practitioners distinguishe electronic communications from other digital assets and distinguishes message content from a listing or catalogue. The described New York process generally makes non-content records available to a fiduciary upon written request with a death certificate and appointment letter, while content requires user consent or a court direction.
Pennsylvania practitioners describe a catalogue being provided to a personal representative if the user did not prohibit disclosure and no court directs otherwise, while excluding communication contents. State descriptions have their own stated conditions.
Common questions
Does a catalogue include the messages themselves?
Texas, New York and Pennsylvania descriptions also distinguish a listing from communication content.
Who may receive a deceased user's catalogue?
State descriptions address access for a personal representative under their stated conditions.