305 – Use of Electronic Records.
§ 305. Use of electronic records. 1. In accordance with rules and regulations promulgated by the electronic facilitator, government entities are authorized and empowered to produce, receive, accept, acquire, record, file, transmit, forward, and store information by use of electronic means. If any such government entity uses electronic records, it must also ensure that anyone […]
306 – Admissibility Into Evidence.
§ 306. Admissibility into evidence. In any legal proceeding where the provisions of the civil practice law and rules are applicable, an electronic record or electronic signature may be admitted into evidence pursuant to the provisions of article forty-five of the civil practice law and rules including, but not limited to section four thousand five […]
307 – Exceptions.
§ 307. Exceptions. This article shall not apply: 1. To any document providing for the disposition of an individual’s person or property upon death or incompetence, or appointing a fiduciary of an individual’s person or property, including, without limitation, wills, trusts, decisions consenting to orders not to resuscitate, powers of attorney and health care proxies, […]
308 – Personal Privacy Protection.
§ 308. Personal privacy protection. 1. Any information reported to the electronic facilitator by a government entity in connection with the authorization of an electronic signature shall continue to be withheld from public disclosure if such information was withheld from public disclosure by such government entity. Electronic records shall be considered and treated as any […]
309 – Use of Electronic Records and Signatures to Be Voluntary.
§ 309. Use of electronic records and signatures to be voluntary. Nothing in this article shall require any entity or person to use an electronic record or an electronic signature unless otherwise provided by law.
209 – Notification of a Breach of the Security of the System or a Breach of Network Security; Shared Data.
§ 209. Notification of a breach of the security of the system or a breach of network security; shared data. 1. The office shall, within twenty-four hours of either being notified of or receiving evidence of a breach of the security of the system, or a breach of network security, as defined in paragraphs (a) […]
301 – Short Title.
§ 301. Short title. This article shall be known and may be cited as the “electronic signatures and records act”.
303 – Electronic Facilitator.
§ 303. Electronic facilitator. 1. The office of information technology services shall be the electronic facilitator and administer this article. In addition to the authority, duties and responsibilities set forth in article one of this chapter, the electronic facilitator shall have the authority, duties and responsibilities granted in this article. 2. The electronic facilitator shall […]
304 – Use of Electronic Signatures.
§ 304. Use of electronic signatures. 1. The electronic facilitator shall establish rules and regulations governing the use of electronic signatures and authentication. The electronic facilitator shall not establish rules or regulations that seek to apportion fault or impose or limit liability relating to the use of electronic signatures. 2. In accordance with this section […]
204 – Collection and Disclosure of Personal Information.
§ 204. Collection and disclosure of personal information. No state agency shall collect personal information concerning a user through a state agency website, or disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of […]