N.Y. Comp. Codes R. & Regs. tit. 9 § 540.5

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

Section 540.5 - Electronic records

(a) An electronic record used by a person shall have the same force and effect as those records not produced by electronic means.

(b) Pursuant to ESRA and this Part, governmental entities are authorized and empowered to produce, receive, accept, acquire, record, file, transmit, forward and store electronic records. If any governmental entity uses electronic records it shall:

(1) ensure that anyone who uses the services of such governmental entity may obtain access to records as permitted by law, and may receive copies of such records in paper form in accordance with fees prescribed by law;

(2) not refuse to accept hard copy, nonelectronic forms, reports, and other paper documents for submission or filing, except as otherwise provided by law; and

(3) not require the submission or filing of any record electronically, except as otherwise provided by law.

(c) All laws applicable to government records shall be applicable to electronic records maintained by governmental entities, including, but not limited to, retention, accessibility and disposition requirements established under the Arts and Cultural Affairs Law or the Judiciary Law.

(d) Governmental entities shall employ procedures and controls designed to ensure the authenticity, integrity, security and, when appropriate, the confidentiality of electronic records.

(e) Governmental entities using electronic records shall, in the absence of specific statutory or regulatory requirements, have the authority to specify the manner and format in which electronic records will be received, produced, accepted, acquired, recorded, filed, transmitted, forwarded, acknowledged and stored. For the purposes of ensuring the receipt of electronic records, governmental entities must designate the receiving device.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 540.5