N.Y. Comp. Codes R. & Regs. tit. 9 § 540.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 540.3 - Electronic facilitator

(a) ITS, as the electronic facilitator, is responsible for administering this Part. In accordance with ESRA, ITS has the following functions, powers and duties including, but not limited to:

(1) coordinate and facilitate statewide planning and establish statewide policy on the use of electronic signatures and records by governmental entities;

(2) request and receive information from governmental entities enabling ITS to properly carry out its functions, powers and duties under ESRA and this Part;

(3) identify and evaluate electronic technologies that meet the ESRA definition of an electronic signature. These duties shall include, but not be limited to, the following:

(i) establish a process to gather information on, review and evaluate these technologies; and

(ii) disseminate information about criteria for the selection and use of electronic signature technologies through preferred technology standards, guidelines and advisory services;

(4) develop guidelines that identify preferred technology standards, including, but not limited to, interoperability, consistency, security, confidentiality and privacy of electronic signatures and records;

(5) periodically review ITS' policies, technology standards and guidelines to ensure that they are consistent with national and international standards and current technology and business practices;

(6) review and coordinate the purchase of technology related to electronic signatures and records solutions by State agencies. Such review and coordination shall promote consistency with the goals of interoperability, statewide technology standards, guidelines, security of confidential records and proper dissemination of public information;

(7) advise and assist in developing policies, plans and programs for acquisition, deployment and use of electronic signature and records technology; and

(8) establish advisory committees, working groups, or other bodies to assist and advise ITS in carrying out the above duties and responsibilities.

(b) Governmental entities may define additional standards for electronic signatures and records after consulting with ITS to ensure that such standards are consistent with ESRA and this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 540.3

Amended New York State Register April 4, 2018/Volume XL, Issue 14, eff. 4/4/2018