§ 24-71.3-112 — Retention of electronic records - originals

Colorado § 24-71.3-112

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Uniform Electronic Transactions Act

Text

(1) If a law requires
that a record be retained, the requirement is satisfied by retaining an electronic
record of the information in the record that:

(a) Accurately reflects the information set forth in the record after it was
first generated in its final form as an electronic record or otherwise; and

(b) Remains accessible for later reference.

(2) A requirement to retain a record in accordance with subsection (1) of this
section does not apply to any information the sole purpose of which is to enable the
record to be sent, communicated, or received.

(3) A person may satisfy subsection (1) of this section by using the services
of another person if the requirements of said subsection (1) are satisfied.

(4) If a law requires a record to be presented or retained in its original form,
or provides consequences if the record is not presented or retained in its original
form, that law is satisfied by an electronic record retained in accordance with
subsection (1) of this section.

(5) If a law requires retention of a check, that requirement is satisfied by
retention of an electronic record of the information on the front and back of the
check in accordance with subsection (1) of this section.

(6) A record retained as an electronic record in accordance with subsection
(1) of this section satisfies a law requiring a person to retain a record for evidentiary,
audit, or like purposes unless a law enacted after May 30, 2002, specifically
prohibits the use of an electronic record for the specified purpose.

(7) This section does not preclude a governmental agency of this state from
specifying additional requirements for the retention of a record subject to the
agency's jurisdiction.

Legislative History

Source: L. 2002: Entire article added, p. 851, � 1, effective May 30.