|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
H.B. 18
|
|
VETOES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(F) (1) IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT IS
SOUGHT, THE PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD SHALL
PROVIDE REASONABLE PROOF THAT THE PERSON IS IN CONTROL OF THE
TRANSFERABLE RECORD.
(2) PROOF MAY INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE
TRANSFERABLE RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW
THE TERMS OF THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY OF
THE PERSON HAVING CONTROL OF THE TRANSFERABLE RECORD.
21-116. CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF
WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.
EACH GOVERNMENTAL AGENCY OF THIS STATE SHALL DETERMINE WHETHER,
AND THE EXTENT TO WHICH, IT WILL CREATE AND RETAIN ELECTRONIC RECORDS
AND CONVERT WRITTEN RECORDS TO ELECTRONIC RECORDS.
21-117. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
GOVERNMENTAL AGENCIES.
(A) EXCEPT AS OTHERWISE PROVIDED IN § 21-111(F) OF THIS TITLE, EACH
GOVERNMENTAL AGENCY SHALL DETERMINE WHETHER, AND THE EXTENT TO
WHICH, IT WILL SEND AND ACCEPT ELECTRONIC RECORDS AND ELECTRONIC
SIGNATURES TO AND FROM OTHER PERSONS AND OTHERWISE CREATE, GENERATE,
COMMUNICATE, STORE, PROCESS, USE, AND RELY UPON ELECTRONIC RECORDS AND
ELECTRONIC SIGNATURES.
(B) TO THE EXTENT A GOVERNMENTAL AGENCY USES ELECTRONIC RECORDS
AND ELECTRONIC SIGNATURES UNDER SUBSECTION (A) OF THIS SECTION, THE
GOVERNMENTAL AGENCY, GIVING DUE CONSIDERATION TO SECURITY, MAY SPECIFY:
(1) THE MANNER AND FORMAT IN WHICH THE ELECTRONIC RECORDS
MUST BE CREATED, GENERATED, SENT, COMMUNICATED, RECEIVED, AND STORED
AND THE SYSTEMS ESTABLISHED FOR THOSE PURPOSES;
(2) THE ELECTRONIC RECORDS MUST BE SIGNED BY ELECTRONIC
MEANS, THE TYPE OF ELECTRONIC SIGNATURE REQUIRED, THE MANNER AND
FORMAT IN WHICH THE ELECTRONIC SIGNATURE MUST BE AFFIXED TO THE
ELECTRONIC RECORD, AND THE IDENTITY OF, OR CRITERIA THAT MUST BE MET BY,
ANY THIRD PARTY USED BY A PERSON FILING A DOCUMENT TO FACILITATE THE
PROCESS;
(3) CONTROL PROCESSES AND PROCEDURES AS APPROPRIATE TO
ENSURE ADEQUATE PRESERVATION, DISPOSITION, INTEGRITY, SECURITY,
CONFIDENTIALITY, AND AUDITABILITY OF ELECTRONIC RECORDS; AND
(4) ANY OTHER REQUIRED ATTRIBUTES FOR ELECTRONIC RECORDS
WHICH ARE SPECIFIED FOR CORRESPONDING NONELECTRONIC RECORDS OR
REASONABLY NECESSARY UNDER THE CIRCUMSTANCES.
|
|
|
|
|
|
|
|
|
|
- 4246 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
