18-106. Electronic and digital signatures; exemptions; definitions

A. The department, in consultation with the state treasurer, shall adopt policies or rules pursuant to title 41, chapter 6 establishing policies and procedures for the use of electronic and digital signatures by all state agencies, boards and commissions for documents filed with and by all state agencies, boards and commissions.

B. Unless otherwise provided by law, an electronic signature that complies with this section may be used to sign a writing on a document that is filed with or by a state agency, board or commission, and the electronic signature has the same force and effect as a written signature.

C. An electronic signature shall be unique to the person using it, shall be capable of reliable verification and shall be linked to a record in a manner so that if the record is changed the electronic signature is invalidated.

D. Except for returns, statements or other documents filed pursuant to titles 42 and 43, a document that contains an electronic signature that is a digital signature shall comply with the policies or rules adopted pursuant to subsection A of this section.

E. The following records are not public records and are exempt from public inspection and reproduction pursuant to title 39, chapter 1, article 2:

1. Records containing information that would disclose or may reasonably lead to the disclosure of any component in the process used to execute or adopt an electronic or digital signature if the disclosure would or may reasonably cause the loss of sole control over the electronic or digital signature from the person using it.

2. Records that if disclosed would jeopardize or may reasonably lead to jeopardizing the security of a certificate issued in conjunction with a digital signature.

F. For the purposes of this section:

1. " Certificate" means a computer-based record that is contained in a document with a digital signature and that identifies the subscriber, contains the subscriber's public key and is digitally signed by the entity issuing the certificate.

2. " Digital signature" means a type of electronic signature.

3. " Electronic signature" either:

(a) Means an electronic or digital method of identification that complies with the requirements of this section and that is executed or adopted by a person with the intent to be bound by or to authenticate a record.

(b) Includes a digital signature.

4. " Entity issuing the certificate" means a person that creates and issues a certificate and notifies the subscriber listed in the certificate of the contents of the certificate.

5. " Person" means a human being or an organization capable of signing a document, either legally or as a matter of fact.

6. " Private key" means the key of a key pair that is used to create a digital signature.

7. " Public key" means the key of a key pair that is used to verify a digital signature.

8. " Record" means information that is inscribed in a tangible medium or that is stored in an electronic or other medium and that is retrievable in a physically perceivable form. Record includes electronic records and printed, typewritten and tangible records.

9. " Subscriber" means a person that is the subject listed in a certificate, accepts that certificate and holds a private key that corresponds to a public key listed in that certificate.