46-4-301 - Retention of electronic records -- Originals.
46-4-301. Retention of electronic records -- Originals.
(1) If a law requires that a record be retained, the requirement is satisfied by retaining anelectronic record of the information in the record that:
(a) accurately reflects the information set forth in the record after it was first generated inits final form as an electronic record or otherwise; and
(b) remains accessible for later reference.
(2) A requirement to retain a record in accordance with Subsection (1) does not apply toany information the sole purpose of which is to enable the record to be sent, communicated, orreceived.
(3) A person may satisfy Subsection (1) by using the services of another person if therequirements of Subsection (1) are satisfied.
(4) If a law requires a record to be presented or retained in its original form, or providesconsequences if the record is not presented or retained in its original form, that law is satisfied byan electronic record retained in accordance with Subsection (1).
(5) If a law requires retention of a check, that requirement is satisfied by retention of anelectronic record of the information on the front and back of the check in accordance withSubsection (1).
(6) A record retained as an electronic record in accordance with Subsection (1) satisfies alaw requiring a person to retain a record for evidentiary, audit, or like purposes, unless a lawenacted after May 1, 2000, specifically prohibits the use of an electronic record for the specifiedpurpose.
(7) This section does not preclude a governmental agency from specifying additionalrequirements for the retention of a record subject to the agency's jurisdiction.
Enacted by Chapter 74, 2000 General Session