2006 Code of Virginia § 59.1-496 - Acceptance and distribution of electronic records by public bodies; electronic filing of informatio...

59.1-496. Acceptance and distribution of electronic records by publicbodies; electronic filing of information permitted.

(a) Except as otherwise provided in subsection (f) of 59.1-490, and uponproviding protection to preserve security and confidentiality, public bodiesof the Commonwealth may (i) accept the electronic filing of any informationrequired or permitted to be filed with such public body and (ii) prescribethe methods of executing, recording, reproducing, and certifyingelectronically filed information pursuant to subsection (b). Unless otherwiseprovided for in the Code of Virginia, electronic filing in the courts of thisCommonwealth shall be governed by the Rules adopted by the Supreme Court ofVirginia.

(b) To the extent that public bodies of the Commonwealth use electronicrecords and electronic signatures and accept electronic filings undersubsection (a), the following rules apply:

(1) Public bodies of the Commonwealth may specify the manner and format inwhich the electronic records must be created, generated, sent, communicated,received, and stored and the systems established for those purposes;

(2) Public bodies of the Commonwealth may specify the type of electronicsignature required, the manner and format in which the electronic signaturemust be affixed to the electronic record, and the identity of, or criteriathat must be met by, any third party used by a person filing a document tofacilitate the process;

(3) Public bodies of the Commonwealth may specify control processes andprocedures as appropriate to ensure adequate preservation, disposition,integrity, security, confidentiality, and auditability of electronic records;and

(4) Public bodies of the Commonwealth may establish other criteria to ensurethe authenticity and validity of electronic signatures.

(c) Except as otherwise provided in 59.1-490 (f), this chapter does notrequire public bodies of the Commonwealth to use or permit the use ofelectronic records or signatures.

(2000, c. 995.)