2013 Kentucky Revised Statutes CHAPTER 369 - INFORMATION TECHNOLOGY 369.118 Acceptance and distribution of electronic records by governmental agencies.
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369.118 Acceptance and distribution of electronic records by governmental
agencies.
(1)
(2)
(3)
Except as otherwise provided in KRS 369.112(6), each governmental agency
of this state, in compliance with standards established by the Commonwealth
Office of Technology, 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.
To the extent that a governmental agency uses electronic records and
electronic signatures under subsection (1) of this section:
(a) The Commonwealth Office of Technology, giving due consideration to
security, may specify 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;
(b) If electronic records must be signed by electronic means, each
governmental agency, giving due consideration to security, may specify
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;
(c) The Commonwealth Office of Technology and the Department for
Libraries and Archives, giving due consideration to security, may specify
control processes and procedures as appropriate to ensure adequate
preservation, disposition, integrity, security, confidentiality, and auditability
of electronic records; and
(d) Each governmental agency, giving due consideration to security, may
specify any other required attributes for electronic records which are
specified for corresponding nonelectronic records or reasonably
necessary under the circumstances.
Except as otherwise provided in KRS 369.112(6), KRS 369.101 to 369.120
does not require a governmental agency of this state to use or permit the use
of electronic records or electronic signatures.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 693, effective June 20, 2005. -Created 2000 Ky. Acts ch. 301, sec. 18, effective August 1, 2000.
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