In this day and age, it is rare to meet someone who does not
have some sort of online account, especially when you consider the
appeal of-and easy access to-social media. However, have you ever
wondered what happens to your online accounts when you pass away or
even when you lose capacity?
With a wealth of online information comes restrictions on who
can access that data. This can cause issues when a person becomes
incapacitated or dies since they cannot ask for or give express
consent to access their personal account information. Fortunately,
a new act in Saskatchewan specifies what can be done in these
situations.
The Fiduciaries Access to Digital Information
Act, SS 2020, c 6(the
"FADIA") came into force on
June 29, 2020. The act clarifies that certain Property Guardians,
Property Attorneys, Trustees, and Executors/Administrators of
estates (aka, "Fiduciaries") have a
right to access "Digital Assets" that belong to another
person-specifically, the person
