Enterprise Technology Services

Director's Office

Chapter 1: General Provisions

Effective Date: 06/08/2016 to Current

Rule Type: Current Rules & Regulations

Reference Number: 077.0001.1.06082016

CHAPTER 1

ELECTRONIC TRANSACTIONS

GENERAL PROVISIONS

Section 1. Authority.

These Department of Enterprise Technology Services (ETS) rules are promulgated in accordance with W.S. §9-2-2501 (Lexis-Nexis 2005), W.S. 40-21-101 to 119 (Lexis-Nexis 2005).

Section 2. Purpose.

Information in all its forms is a valued asset to the State of Wyoming (State). Public information should be available to our citizens and to State government. Disclosure restrictions required by Wyoming law must be observed regardless of the media or characteristics of the record or transaction. The value of public information can be maximized through consistent delivery to and expanded use by the citizens of Wyoming and State government. To ensure continued confidence in and reliance on State agencies and the information they collect and maintain; State agencies must protect the privacy of citizens and ensure the integrity of State information in all forms.

The purpose of these rules is to:

1. (i) Facilitate electronic filing, acceptance, preservation, maintenance, and availability, and confidentiality of documents with State of Wyoming (State) agencies; and
2. (ii) Promote efficient delivery of services from State agencies by means of reliable electronic records.

Section 3. Definitions.

In addition to the definitions in W.S. §40-21-102, the following definitions apply:

1. (a) “Readable” means the quality of a group of letters, numbers or symbols is recognized as words, complete numbers or distinct symbols with a specific meaning.
2. (b) “Reliable” means the electronic record copy produced correctly reflects the initial record each time the system is requested to produce that record copy.
3. (c) “Structure” means the appearance or arrangement of the information in the record. “Structure” can include, but is not limited to, such elements as heading, body and form.

(d) “Digital Signature” means the result of cryptographic transformation of data that, when properly implemented, provides a mechanism for verifying origin authentication, data integrity and signatory non-repudiation.

(e) “Availability” means assurance that the systems responsible for delivering, storing, and processing information are accessible when needed, by those who need them.

(f) “Confidentiality” means assurance that the information is shared only among authorized persons or organizations.

(g) “Integrity” means assurance that the information is authentic and complete. Ensuring that information can be relied upon to be sufficiently accurate for its purpose.

Section 4. Coverage.

These rules shall apply to any authority, bureau, board, commission, department, division, institution or officer of the State, except the State legislature and the judiciary. Except as otherwise provided in W.S. §40-21-112(f), these rules do not require an agency of this State to use or permit the use of electronic records or electronic signatures. Nothing in these rules shall preclude a State agency from specifying additional requirements for items that are under the jurisdiction of such agency.

Section 5. Interpretation.

The ETS shall be solely responsible for providing official interpretations of these rules when questions arise regarding the application of these rules to specific situations, procedures or policies; or upon the request of an agency head.

Section 6. Enforcement.

(a) ETS Responsibility.

(i) The ETS shall ensure that these rules are enforced, and that the provisions of these rules are applied uniformly and fairly throughout the Executive Branch.

(b) Agency Responsibility.

(i) Agency heads are responsible for the application of these rules within their agency, and shall ensure that all agency employees comply with the provisions of these rules. Agency heads are responsible for the actions of their agency employees, when the employees are conducting any State agency business electronically on behalf of the agency.

(ii) Agency heads shall ensure that, as necessary, employees of the agency are knowledgeable of pertinent provisions of these rules, when such knowledge is required for proper execution of their duties.

Section 7. Policies.

The ETS may issue written policy statements relating to the interpretation or application of these rules, procedures for the administration of electronic government functions and to other matters, which it may consider necessary for proper procedure. Agency heads shall ensure dissemination of, and compliance with, such policy statements.

Section 8. Severability.

If any provision of these rules or its application to any person or circumstance is held invalid or in conflict with any other provision of these rules, the invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are severable.

Section 9. Effective Date.

These rules are effective upon completion of all necessary procedures in accordance with W.S. §16-3-401.