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PARRIS N. GLENDENING, Governor
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Ch. 8
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(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 AUDIT ABILITY 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.
(C) EXCEPT AS OTHERWISE PROVIDED IN § 21-112(F) § 21-111(F) OF THIS TITLE,
THIS TITLE DOES NOT REQUIRE A GOVERNMENTAL AGENCY OF THIS STATE TO USE
OR PERMIT THE USE OF ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES.
21-118. INTEROPERABILITY.
(A) A GOVERNMENTAL AGENCY OF THIS STATE THAT ADOPTS STANDARDS IN
ACCORDANCE WITH § 21-117 OF THIS TITLE MAY ENCOURAGE AND PROMOTE
CONSISTENCY AND INTEROPERABILITY WITH SIMILAR REQUIREMENTS ADOPTED BY
OTHER GOVERNMENTAL AGENCIES OF THIS STATE, OTHER STATES, THE FEDERAL
GOVERNMENT, AND NONGOVERNMENTAL PERSONS INTERACTING WITH
GOVERNMENTAL AGENCIES OF THIS STATE.
(B) IF APPROPRIATE, THOSE STANDARDS MAY SPECIFY DIFFERING LEVELS OF
STANDARDS FROM WHICH GOVERNMENTAL AGENCIES OF THIS STATE MAY CHOOSE
IN IMPLEMENTING THE MOST APPROPRIATE STANDARD FOR A PARTICULAR
APPLICATION.
(C) STANDARDS ADOPTED BY UNITS OF STATE GOVERNMENT SHALL BE
CONSISTENT WITH THOSE SPECIFIED IN THE STATE INFORMATION TECHNOLOGY
MASTER PLAN.
21-119. SEVERABILITY CLAUSE.
IF ANY PROVISION OF THIS TITLE OR ITS APPLICATION TO ANY PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS TITLE WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS TITLE ARE SEVERABLE.
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