§ 554d-120

554D.120 Acceptance and distribution of electronic records by governmental agencies. 1. Except as otherwise provided in section 554D.114, subsection 6, a governmental agency of this state other than a state executive branch agency, department, board, commission,authority, or institution, shall determine whether, and the extent to which, the governmentalagency will send and accept electronic records and electronic signatures to and from otherpersons and otherwise create, generate, communicate, store, process, use, and rely uponelectronic records and electronic signatures. 2. Except as otherwise provided in section 554D.114, subsection 6, on or before July 1, 2003, a state executive branch agency, department, board, commission, authority, orinstitution, in consultation and cooperation with the department of administrative services,shall send and accept electronic records and electronic signatures to and from other personsand otherwise create, generate, communicate, store, process, use, and rely upon electronicrecords and signatures. The department of management, upon the written request of a stateexecutive branch agency, department, board, commission, authority, or institution and

and rely upon electronicrecords and signatures. The department of management, upon the written request of a stateexecutive branch agency, department, board, commission, authority, or institution and forgood cause shown, may grant a waiver from the July 1, 2003, deadline established in thissection to the state executive branch agency, department, board, commission, authority, orinstitution. 3. To the extent that a governmental agency of this state uses electronic records and electronic signatures under subsection 1 or 2, the office of the secretary of state andthe department of administrative services, jointly, and in consultation with the office ofthe attorney general, giving due consideration to security, may specify by rule all of thefollowing: a. The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the information processing systemsestablished for those purposes. b. 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 affixedto the electronic record, and the identity of, or criteria that must

lectronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixedto the electronic record, and the identity of, or criteria that must be met by, any third partyused by a person filing a document to facilitate the process. c. Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records. d. Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances. 4. Except as otherwise provided in subsection 2 and in section 554D.114, subsection 6, this chapter does not require a governmental agency of this state to use or permit the use ofelectronic records or electronic signatures. 5. Notwithstanding this section, an institution governed under chapter 262 shall conform with national standards with respect to electronic records and electronic signatures, as suchstandards are developed. 2000 Acts, ch 1189, §20; 2002 Acts, ch 1119, §187, 188; 2003 Acts, ch 44, §98; 2003 Acts, ch 145, §286 Referred to in §10A.802, 554D.121,

ds and electronic signatures, as suchstandards are developed. 2000 Acts, ch 1189, §20; 2002 Acts, ch 1119, §187, 188; 2003 Acts, ch 44, §98; 2003 Acts, ch 145, §286 Referred to in §10A.802, 554D.121, 602.1614Electronic records policy for judicial branch, see §602.1614 Sat Dec 23 11:04:02 2023 Iowa Code 2024, Section 554D.120 (16, 0)