Guam § 91118 - Acceptance and Distribution of Electronic Records by

§ 91118. Acceptance and Distribution of Electronic Records by

Governmental Agencies.

(a) Except as otherwise provided in § 91112(f) of this Chapter, each

governmental agency of this state 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) 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:

(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

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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 audit ability of electronic records; and

(4) any other required attributes for electronic records which are

specified for corresponding non-electronic records or reasonably

necessary under the circumstances.

(c) Except as otherwise provided in § 91112(f) of this Chapter, this

Chapter does not require a governmental agency of this state to use or permit

the use of electronic records or electronic signatures.