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Vickie,
VA Code 59.1-485. Legal recognition of electronic records, electronic
signatures, and electronic contracts may be of help. It says:
(a) A record or signature may not be denied legal effect or
enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely
because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record
satisfies the law.
(d) If a law requires a signature, or provides for certain
consequences in the absence of a signature, an electronic signature
satisfies the law.
I think the only hang up would be establishing what qualifies as an
acceptable electronic signature (i.e., /s/; /s; etc...) We are
currently looking into this issue as well. Generically, any symbol used
with the intent it represent the users signature is supposed to be
sufficient.
I will be interested to see what others respond with reference to your
question.
Caren
First Sergeant Caren M. Sterling
Virginia State Police-Internal Affairs Section
Office (804) 674-2782
Cell (804) 699-0094
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From: Virginia Records Officers' Listserv
[mailto:[log in to unmask]] On Behalf Of Nash, Vickie (DHP)
Sent: Thursday, March 03, 2016 11:44 AM
To: [log in to unmask]
Subject: FW: digital signatures
You are receiving this e-mail as a subscriber to the Virginia Records
Officer Listserv (VA-ROL). # #
Does anyone have experience with the legality of digital signatures
particularly related to subpoenas and other legal documents?
Thank you.
Vickie S. Nash, ERMp
Operations Manager, Business Planning and Research
Department of Health Professions
9960 Mayland Drive, Suite 300
Henrico, Virginia 23233
Office-(804)-367-4671
[log in to unmask] <mailto:[log in to unmask]>
The DHP mission is to ensure safe and competent patient care by
licensing health professionals, enforcing standards of practice, and
providing information to health care practitioners and the public.
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