STATE RECORDS-ENCRYPTION

Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State Records Commission or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State Records Commission or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Acts when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State Records Commission or Local Records Commission, with the intent to defraud a party, public officer, or entity commits a Class 4 felony.

• Dale FowlerR