Harvard Law Blog – Private Law in the Digital Age
Further, NetChoice argues that, whereas the PEAC Act complies with federal privacy law, including the Electronic Communications Protection Act, which “sets ‘Privacy On’ by default,” the ULC proposal is “essentially creating a ‘show me everything’ rule for whoever becomes the fiduciary.” NetChoice criticizes the UFADAA for focusing only on the fiduciary’s interests; it claims that, by contrast, the PEAC Act embraces a more “balanced” approach that “balances the interests of all parties – the privacy of the deceased user; the privacy of people with whom the deceased corresponded; the needs of the fiduciary; and existing federal law.” Virginia recently adopted the PEAC Act, and Oregon is considering it.