Ohio IT Rules

There have been questions from some agencies regarding the application of the Uniform Electronic Transactions Act (UETA) and rule 123:3-01-1. The two main areas of uncertainty both center on what has to be reported under UETA and rule 123:3-01-1. As the following clarification indicates, the terms “electronic transaction” and “electronic records” should be read more narrowly than as interpreted by some agencies.

First, the definition of transaction under UETA is “an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs” (Section 1306.01 of the Revised Code). In the state government context, this covers transactions between a government agency and citizens, business and other government agencies and includes not only financial exchanges but also filings, registrations, etc. The term does not carry the meaning that is often used in the technical field of a change or update to a database.

Second, the term “electronic records” as referenced in UETA does not carry the same definition or application as the term “public record” as defined in ORC 149.43. The electronic records that UETA references are much fewer in number than the number of public records that are kept in electronic formats. UETA and the subsequent administrative rule apply only to electronic records that relate to an electronic transaction (section 1306.02 of the Revised Code). Furthermore, the application of UETA for use of electronic records and signatures by state agencies should not be read outside of the context of section 1306.06 (or most of chapter 1306) of the Revised Code. Therefore, the requirements of UETA and the administrative rule only apply to records (in electronic format) that either the law requires to be in writing or that agencies want to have a legal effect. Public records under ORC 149.43 are “any record that is kept by any public office” and not excepted by ORC 149.43. This definition is very broad and includes records beyond the scope of UETA. The fact that a public record is in an electronic format alone is not enough to make it fall within chapter 1306 of the Revised Code.

Under UETA, "'state agency' means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, but does not include the general assembly, any legislative agency, the supreme court, the other courts of record in this state, or any judicial agency.”

Contact the OIT Law & Policy Advisor in Statewide IT Policy at 614.752.7204 or OITLawAndPolicyAdvisor@oit.ohio.gov.