(a) Except as otherwise provided in § 28-4911(f), the Mayor shall determine whether, and the extent to which, a governmental agency 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 Mayor, 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 § 28-4911(f), this chapter does not require a governmental agency of the District of Columbia to use or permit the use of electronic records or electronic signatures.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
This section is referenced in § 28-4918 and § 51-111.
D.C. Law 15-105 validated previously made technical corrections.
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Delegation of Digital Signature Authority to Chief Technology Officer, see Mayor’s Order 2005-45, March 3, 2005 ( 52 DCR 2870).
Delegation of Authority for Acceptance and Distribution of Electronic Records by District Government Agencies, see Mayor’s Order 2009-118, June 25, 2009 ( 56 DCR 6867).
Uniform Law: This section is based upon § 18 of the Uniform Electronic Transactions Act (1999 Act).
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