§ 24-71.5-109. Standards

1. In implementing this article, an official publisher of legal material shall consider:
   1. Standards and practices of other jurisdictions;
   2. The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;
   3. The needs of users of legal material in an electronic record;
   4. The views of governmental officials and entities and other interested persons; and
   5. To the extent practicable, the use of methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are in harmony and compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted this article.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 503, § 1, effective August 8.

OFFICIAL COMMENT

The language of this section, based on a similar provision in the Uniform Real Property Electronic Recording Act, requires consideration of standards and best practices for the authentication, preservation, and permanent access of electronic records. As private sector organizations, government agencies, and international organizations tackle these issues, their work may offer guidance to states as this act is implemented on an on-going basis. Like many other technology-related procedures, standards and best practices for management of electronic records are in a state of development and refinement. For example, appropriate information security is a key element of the authentication process, and security standards are currently being developed. The state’s own standards should include a method to evaluate the effectiveness of the official publisher’s implementation of this act.

Each enacting state is encouraged to consider a single system for authentication of, preservation and security of, and public access to its legal material. A single system will lead to financial and personnel efficiencies in implementation and maintenance, and avoid confusion on the part of the users. While each enacting state will determine its own practices, states are encouraged to communicate, coordinate, and collaborate in the development of authentication, preservation, and permanent access standards.