Wyo. Code R. 077-0001-7
Director's Office
Chapter 7: Electronic Transactions, County Clerk Provisions
Effective Date: 11/21/2016 to Current
Rule Type: Current Rules & Regulations
Reference Number: 077.0001.7.11212016
ELECTRONIC TRANSACTIONS COUNTY CLERK PROVISIONS
(a) These Department of Enterprise Technology Services (ETS) rules are promulgated in accordance with W.S. §34-1-405.
(a) In addition to the definitions in W.S. §34-1-402, the following definitions apply:
(i) “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.
(ii) “Reliable” means the electronic record copy produced correctly reflects the initial record each time the system is requested to produce that record copy.
(iii) “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.
(iv) “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.
(v) “Availability” means assurance that the systems responsible for delivering, storing, and processing information are accessible when needed, by those who need them.
(vi) “Confidentiality” means assurance that the information is shared only among authorized persons or organizations.
(vii) “Integrity” means assurance that the information is authentic and complete. Ensuring that information can be relied upon to be sufficiently accurate for its purpose.
(a) A county clerk shall develop security standards and policies based on industry accepted security practices and protocols.
(b) An electronic record can be considered secure from a specified point in time to the point of verification if it can be shown that the record has not been altered during that time.
(c) Security procedures shall be: (i) Commercially reasonable under the circumstances; (ii) Applied in a trustworthy manner; (iii) Reasonably and in good faith relied upon by the party utilizing the procedure; (iv) Capable of providing reliable evidence that an electronic record has not been altered; and (v) Consistent with the risks and consequences associated with the compromise of the information or transaction.
(d) A security procedure is acceptable for purposes of these rules if the security procedure including any combination of technology and algorithms it employs has been generally accepted in the applicable information security or scientific community as being suitable for the intended purpose and capable of satisfying the requirements of these rules as applicable, in a trustworthy manner.
(a) A county clerk shall adopt procedures where necessary to provide safeguards to protect the reliability, authenticity, integrity and usability of those records.
(b) To receive, index, store, archive and transmit an electronic record, a county clerk must ensure the integrity of the information from the time it is first received and accepted, throughout the entire lifecycle of the record. The criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement or other information that arises in the normal course of communication, storage and display. The standard of reliability required to ensure that information has remained complete and unaltered should be consistent with the risks and consequences associated with the compromise of the information or transaction.
(a) Electronic records systems require hardware (equipment) and software (computer programs) to retrieve and translate information into a human readable format. Because the storage medium is not permanent, and because hardware and software evolve regularly, county clerks must select an appropriate system based on specific information/operational needs and operate it in a manner that allows retention and retrieval of information from the system over time as hardware and software change, technology enhancements evolve, and storage media physically deteriorate.
(a) Electronic payment of fees shall be collected as prescribed by state and local statutes and in accordance with accepted industry standards without incurring unreasonable electronic processing fees.
(b) Electronic payment of fees shall be collected according to statute and in a manner consistent with the promotion of electronic recording, and in accordance with accepted industry standards. Each county clerk may collect electronic recording fees in a manner compatible with its internal software and county financial practices.