Sec 44-7012. Electronic records retention; originals  


Latest version.
  • A. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:

    1. Accurately reflects the information prescribed in the record after the record was first generated in its final form as an electronic record or otherwise.

    2. Remains accessible for later reference.

    B. Subsection A does not apply to any information whose sole purpose is to enable the record to be sent, communicated or received.

    C. A person may satisfy subsection A by using the services of another person to satisfy subsection A.

    D. If a law requires:

    1. A record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained according to subsection A.

    2. Retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check according to subsection A.

    E. A record retained as an electronic record pursuant to subsection A satisfies a law that requires a person to retain a record for evidentiary, audit or like purposes, unless a law that is enacted after the effective date of this chapter prohibits the use of an electronic record for the specified purpose.

    F. This section does not prohibit a governmental agency from adopting additional requirements for the retention of a record that is subject to that agency's jurisdiction.