28-50-118. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES. (a) Except as otherwise provided in section 28-50-112(f), Idaho Code, each governmental agency of this state 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) of this section, 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 those purposes;
(2) If electronic records must be signed by electronic means, 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 which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in section 28-50-112(f), Idaho Code, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
History:
[28-50-118, added 2000, ch. 286, sec. 1, p. 967.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT
Section 28-50-101 - SHORT TITLE.
Section 28-50-102 - DEFINITIONS.
Section 28-50-104 - PROSPECTIVE APPLICATION.
Section 28-50-105 - USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES — VARIATION BY AGREEMENT.
Section 28-50-106 - CONSTRUCTION AND APPLICATION.
Section 28-50-108 - PROVISION OF INFORMATION IN WRITING — PRESENTATION OF RECORDS.
Section 28-50-109 - ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
Section 28-50-110 - EFFECT OF CHANGE OR ERROR.
Section 28-50-111 - NOTARIZATION AND ACKNOWLEDGMENT.
Section 28-50-112 - RETENTION OF ELECTRONIC RECORDS — ORIGINALS.
Section 28-50-113 - ADMISSIBILITY IN EVIDENCE.
Section 28-50-114 - AUTOMATED TRANSACTION.
Section 28-50-115 - TIME AND PLACE OF SENDING AND RECEIPT.
Section 28-50-116 - TRANSFERABLE RECORD.
Section 28-50-118 - ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.