369.118 Acceptance and distribution of electronic records by governmental
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/ky/369-118A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
agencies.
(1)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.
(2)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.
(3)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.