New york electronic facilitator

Consistent with legislative intent, ESRA establishes that electronic signatures and records have the same force and effect as signatures and records produced by nonelectronic means and should be utilized to facilitate both business in, as well as the business of, New York State. Consistent with ESRA and this Part, parties agreeing to engage in electronic transactions may deploy electronic signatures and records in a manner that meets their practices and needs.

The intent of this Part is to be flexible enough to embrace future technologies that comply with ESRA and all other applicable statutes and regulations. The electronic facilitator shall conduct periodic reviews of the regulations to ensure that the regulations facilitate and promote the use of technological advancements and address privacy and confidentiality issues. Under ESRA and this Part, the use or acceptance of electronic records by governmental entities is voluntary. Neither ESRA, nor this Part, shall in whole, or in part, be construed to limit any legal rights or privileges, contractual or otherwise, that parties may have in the use of electronic signatures and records.

Electronic facilitator. The office for technology 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.

The electronic facilitator shall have the following functions, powers, and duties: a To promulgate rules and regulations consistent with the provisions of this article.

In developing rules and regulations, the electronic facilitator shall seek the advice of the attorney general, the state comptroller, the director of budget, government and private entities and individuals as the electronic facilitator deems appropriate. Such guidelines shall identify preferred technology standards relating to security, confidentiality and privacy of electronic signatures and electronic records.

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