§ 305 — Use of electronic records

New York § 305

• Jurisdiction: New York
• Law STT: State Technology
• Art. 3: Electronic Signatures and Records Act

Text

§ 305. Use of electronic records. 1. In accordance with rules and\nregulations promulgated by the electronic facilitator, government\nentities are authorized and empowered to produce, receive, accept,\nacquire, record, file, transmit, forward, and store information by use\nof electronic means. If any such government entity uses electronic\nrecords, it must also ensure that anyone who uses the services of such\ngovernment entity may obtain access to records as permitted by statute,\nand receive copies of such records in paper form in accordance with fees\nprescribed by statute. No person shall be required to submit or file any\nrecord electronically to any government entity except as otherwise\nprovided by law. Government entities that obtain, store, or utilize\nelectronic records shall not refuse to accept hard copy, non-electronic\nforms, reports, and other paper documents for submission or filing\nexcept as otherwise provided by law.\n 2. A government entity shall have the authority to dispose of or\ndestroy a record in accordance with the arts and cultural affairs law,\nregardless of format or media.\n 3. An electronic record shall have the same force and effect as those\nrecords not produced by electronic means.\n 4. The director shall study how electronic documents and the\nmechanisms and processes for obtaining access to and reading electronic\ndata can be created, maintained, exchanged, and preserved by the state\nin a manner that encourages appropriate government control, access,\nchoice, interoperability, and vendor neutrality. The study shall\nconsider, but not be limited to, the policies of other states and\nnations, management guidelines for state archives as they pertain to\nelectronic documents, public access, expected storage life of electronic\ndocuments, costs of implementation, and savings. The director shall\nsolicit comments regarding the creation, maintenance, exchange, and\npreservation of electronic documents by the state from stakeholders,\nincluding but not limited to, the office of the state comptroller, the\noffice of the attorney general, the state archives, and the state\nhistorian. The director shall also solicit comments from members of the\npublic. The director shall report findings and recommendations to the\ngovernor, the speaker of the assembly, and the temporary president of\nthe senate on or before January fifteenth, two thousand eight.\n