Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.15 - Electronic Records Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Legal Basis:
The Alabama Uniform Electronic Transaction Act,
Code of Ala. 1975
, §§
								8-1A-1
et
seq
., enacted in 2002 is intended to facilitate the
			 use of electronic documents in business, commercial and governmental
			 transactions. The Act promotes but not require the use of electronic signatures
			 and creation of electronic documents.
Code of Ala.
			 1975
, §
								8-1A-18(a), the
			 Alabama Uniform Electronic Transaction Act, passed in 2002 provides that "each
			 government agency of this state with rule-making authority...may determine by
			 rule 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.." Section
			 8-1A-12(a) 
			 provides that an electronic record meets other state law requirements for
			 record retention if the electronic record both accurately reflects the original
			 document and is accessible for later reference. Section
			 8-1A-13 provides that an electronic
			 record may not be excluded from evidence in court solely because it is in
			 electronic form. Section
			 8-1A-12(g) 
			 provide that the State Records Commission is not precluded by the Act from
			 placing additional requirements for record retention on agencies. The
			 Department of Human Resources has decided to convert certain paper documents
			 into electronic documents and has established this policy to comply with the
			 Act.
(2)
Definitions:
Including the definitions provided in the Alabama Uniform Electronic
			 Transactions Act, the following words where used in this chapter shall have the
			 following meanings:
(a)
Act.
Alabama Uniform Electronic Transaction Act,
Code of Ala.
			 1975
, §§
									8-1A-1
et
seq
.
(b)
Department.
Alabama Department of Human Resources.
(c)
Electronic.
Relating to
			 technology having electrical, digital, magnetic, wireless, optical,
			 electromagnetic, telephonic, or similar capabilities.
(d)
Electronic Record.
A record
			 created, generated, sent, communicated, received, or stored by electronic
			 means.
(e)
Electronic
			 Signature.
An electronic sound, symbol, or process attached to or
			 logically associated with a record and executed or adopted by a person with the
			 intent to sign the record.
(f)
Information.
Data, text, images, sounds, codes, computer programs,
			 software, databases, or the like.
(g)
Information Processing
			 System.
An electronic system for creating, generating, sending,
			 receiving, storing, displaying, or processing information.
(h)
Record.
Information that is
			 inscribed on a tangible medium or that is stored in an electronic or other
			 medium and is retrievable in perceivable form.
(i)
Transaction.
An action or
			 set of actions occurring between two or more persons relating to the conduct of
			 business, commercial, or governmental affairs.