Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2260.502 - Acceptance and distribution of electronic records(a) Option.--Each governmental agency in this Commonwealth shall determine whether and the extent to which it 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) Specifics.--To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify all of the following: (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.(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.(c) Not mandatory.--This chapter does not require a governmental agency to use or permit the use of electronic records or electronic signatures.(d) Use of electronic postmark.--(1) Except for executive agencies, each governmental agency in this Commonwealth shall determine the extent to which it will utilize the USPS EPM or any similar service to send and accept electronic records and electronic signatures to and from other persons. Executive agencies shall comply with standards published by the Office of Administration concerning the use of the USPS EPM or any similar service.(2) This subsection does not authorize the use of an electronic postmark or the USPS EPM for the service of original process of a summons, complaint or other papers for the purpose of obtaining jurisdiction over a defendant in a lawsuit. 1999 , Dec. 16, P.L. 971, No. 69, § 502, effective in 30 days. Amended 2006, Nov. 29, P.L. 1559, No. 173, §2, effective in 120 days [ 3/29/2007].