§ 26-2-8-202 — Acceptance and distribution of electronic records by governmental agencies

(a) Except as otherwise provided in section
111(f) of this chapter, 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 that a governmental agency uses electronic records
and electronic signatures under subsection (a), 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 such purposes;
(2) if electronic records must be electronically signed, 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 that are
specified for corresponding nonelectronic records or reasonably
necessary under the circumstances.
(c) Except as otherwise provided in section 111(f) of this chapter,
this chapter does not require a governmental agency to use or permit
the use of electronic records or electronic signatures.

Legislative History

As added by P.L.62-2000, SEC.1.