(5 ILCS 175/Art. 5 heading)
ARTICLE 5.
ELECTRONIC RECORDS AND SIGNATURES GENERALLY
|
(5 ILCS 175/5-105)
Sec. 5-105.
Definitions.
"Asymmetric cryptosystem" means a computer-based system capable of
generating and
using a key pair consisting of a private key for creating a digital signature
and a public key to verify the
digital signature.
"Certificate" means a record that at a minimum: (a) identifies the
certification authority
issuing it; (b) names or otherwise identifies its subscriber or a device or
electronic agent under the
control of the subscriber; (c) contains a public key that corresponds to a
private key under the control
of the subscriber; (d) specifies its operational period; and (e) is digitally
signed by the certification
authority issuing it.
"Certification authority" means a person who authorizes and causes the
issuance of a
certificate.
"Certification practice statement" is a statement published by a
certification authority
that specifies the policies or practices that the certification authority
employs in issuing, managing,
suspending, and revoking certificates and providing access to them.
"Correspond", with reference to keys, means to belong to the same key
pair.
"Digital signature" means a type of electronic signature created by
transforming an
electronic record using a message digest function and encrypting the resulting
transformation with an
asymmetric cryptosystem using the signer's private key such that any person
having the initial
untransformed electronic record, the encrypted transformation, and the signer's
corresponding public
key can accurately determine whether the transformation was created using
the private key that
corresponds to the signer's public key and whether the initial electronic
record has been altered
since the transformation was made. A digital signature is a security
procedure.
"Electronic" includes electrical, digital, magnetic, optical,
electromagnetic, or any other
form of technology that entails capabilities similar to these technologies.
"Electronic record" means a record generated, communicated, received, or
stored by
electronic means for use in an information system or for transmission from one
information system to
another.
"Electronic signature" means a signature in electronic form attached to
or logically
associated with an electronic record.
"Information" includes data, text, images, sound, codes, computer
programs,
software, databases, and the like.
"Key pair" means, in an asymmetric cryptosystem, 2 mathematically
related keys,
referred to as a private key and a public key, having the properties that (i)
one key (the private key) can
encrypt a message that only the other key (the public key) can decrypt, and
(ii) even knowing one key
(the public key), it is computationally unfeasible to discover the other key
(the private key).
"Message digest function" means an algorithm that maps or translates
the
sequence
of bits comprising an electronic record into another, generally smaller, set of
bits (the message digest)
without requiring the use of any secret information such as a key, such that
an electronic record
yields the same message digest every time the algorithm is executed using such
record as input and
it is computationally unfeasible that any 2 electronic records can be found
or deliberately generated
that would produce the same message digest using the algorithm unless the 2
records are precisely
identical.
"Operational period of a certificate" begins on the date and time the
certificate is
issued by a certification authority (or on a later date and time certain if
stated in the certificate) and ends
on the date and time it expires as noted in the certificate or is earlier
revoked, but does not include any
period during which a certificate is suspended.
"Person" means an individual, corporation, business trust, estate,
trust, partnership,
limited partnership, limited liability partnership, limited liability company,
association, joint venture,
government, governmental subdivision, agency, or instrumentality, or any other
legal or commercial
entity.
"Private key" means the key of a key pair used to create a digital signature.
"Public key" means the key of a key pair used to verify a digital signature.
"Record" means information that is inscribed, stored, or otherwise fixed on a
tangible
medium or that is stored in an electronic or other medium and is retrievable in
perceivable form.
"Repository" means a system for storing and retrieving certificates or other
information
relevant to certificates, including information relating to the status of a
certificate.
"Revoke a certificate" means to permanently end the operational period of a
certificate from a specified time forward.
"Rule of law" means any statute, ordinance, common law rule,
court decision, or other rule of law enacted, established or promulgated by the
State of Illinois, or any
agency, commission, department, court, other authority or political subdivision
of the State of Illinois.
"Security procedure" means a methodology or procedure used for the purpose of
(1)
verifying that an electronic record is that of a specific person or (2)
detecting error or alteration in
the communication, content, or storage of an electronic record since a specific
point in time. A security
procedure may require the use of algorithms or codes, identifying words or
numbers, encryption,
answer back or acknowledgment procedures, or similar security devices.
"Signature device" means unique information, such as codes, algorithms,
letters,
numbers, private keys, or personal identification numbers (PINs), or a uniquely
configured physical device, that
is required, alone or in
conjunction with other information or devices, in order to create an electronic
signature attributable to a
specific person.
"Signed" or "signature" includes any symbol executed or adopted, or any
security
procedure employed or adopted, using electronic means or otherwise, by or on
behalf of a person with
intent to authenticate a record.
"State agency" means and includes all officers, boards, commissions,
courts, and
agencies created by the Illinois Constitution, whether in the executive,
legislative or
judicial branch, all officers,
departments, boards, commissions, agencies, institutions, authorities,
universities, bodies politic and
corporate of the State; and administrative units or corporate outgrowths of the
State government which
are created by or pursuant to statute, other than units of local government and
their officers, school
districts and boards of election commissioners; all administrative units and
corporate outgrowths of the
above and as may be created by executive order of the Governor.
"Subscriber" means a person who is the subject named or otherwise identified
in a
certificate, who controls a private key that corresponds to the public key
listed in that certificate, and
who is the person to whom digitally signed messages verified by reference to
such certificate are to be
attributed.
"Suspend a certificate" means to temporarily suspend the operational period
of a
certificate for a specified time period or from a specified time forward.
"Trustworthy manner" means through the use of computer hardware,
software, and
procedures that, in the context in which they are used: (a) can be shown to be
reasonably resistant to
penetration, compromise, and misuse; (b) provide a reasonable level of
reliability and correct operation;
(c) are reasonably suited to performing their intended functions or serving
their intended purposes; (d)
comply with applicable agreements between the parties, if any; and (e) adhere
to generally accepted
security procedures.
"Valid certificate" means a certificate that a certification
authority has issued and
that the subscriber listed in the certificate has accepted.
"Verify a digital signature" means to use the public key listed in a
valid certificate,
along with the appropriate message digest function and asymmetric cryptosystem,
to evaluate a digitally
signed electronic record, such that the result of the process concludes that
the digital signature was
created using the private key corresponding to the public key listed in the
certificate and the
electronic record has not been altered since its digital signature was created.
(Source: P.A. 90-759, eff. 7-1-99.)
|
(5 ILCS 175/5-110)
Sec. 5-110.
Legal recognition.
Information, records, and signatures
shall
not be
denied legal effect, validity, or enforceability solely on the grounds that
they are in electronic form.
(Source: P.A. 90-759, eff. 7-1-99.)
|
(5 ILCS 175/5-115)
Sec. 5-115.
Electronic records.
(a) Where a rule of law requires information to be "written" or
"in writing", or provides for
certain consequences if it is not, an electronic record satisfies that rule of
law.
(b) The provisions of this Section shall not apply:
(1) when its application would involve a construction
| | of a rule of law that is clearly inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same rule of law, provided that the mere requirement that information be "in writing", "written", or "printed" shall not by itself be sufficient to establish such intent;
|
|
(2) to any rule of law governing the creation or
| | execution of a will or trust, living will, or healthcare power of attorney; and
|
|
(3) to any record that serves as a unique and
| | transferable instrument of rights and obligations including, without limitation, negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored, and transferred in a manner that allows for the existence of only one unique, identifiable, and unalterable original with the functional attributes of an equivalent physical instrument, that can be possessed by only one person, and which cannot be copied except in a form that is readily identifiable as a copy.
|
|
(Source: P.A. 90-759, eff. 7-1-99.)
|
(5 ILCS 175/5-120)
Sec. 5-120. Electronic signatures.
(a) Where a rule of law requires a signature, or provides for certain
consequences if a
document is not signed, an electronic signature satisfies that rule of law.
(a-5) In the course of exercising any permitting, licensing, or other regulatory function, a municipality may accept, but shall not require, documents with an electronic signature, including, but not limited to, the technical submissions of a design professional with an electronic signature.
(b) An electronic signature may be proved in any manner, including by
showing that a
procedure existed by which a party must of necessity have executed a symbol or
security procedure for
the purpose of verifying that an electronic record is that of such party in
order to proceed further with a
transaction.
(c) The provisions of this Section shall not apply:
(1) when its application would involve a construction
| | of a rule of law that is clearly inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same rule of law, provided that the mere requirement of a "signature" or that a record be "signed" shall not by itself be sufficient to establish such intent;
|
|
(2) to any rule of law governing the creation or
| | execution of a will or trust, living will, or healthcare power of attorney; and
|
|
(3) to any record that serves as a unique and
| | transferable instrument of rights and obligations including, without limitation, negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored, and transferred in a manner that allows for the existence of only one unique, identifiable, and unalterable original with the functional attributes of an equivalent physical instrument, that can be possessed by only one person, and which cannot be copied except in a form that is readily identifiable as a copy.
|
|
(Source: P.A. 98-289, eff. 1-1-14.)
|
(5 ILCS 175/5-125)
Sec. 5-125.
Original.
(a) Where a rule of law requires information to be presented or retained in
its original form,
or provides consequences for the information not being presented or retained in
its original form, that
rule of law is satisfied by an electronic record if there exists reliable
assurance as to the integrity of the
information from the time when it was first generated in its final form, as an
electronic record or
otherwise.
(b) 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 shall be
assessed in the light of the purpose for which the information was generated
and in the light of all the
relevant circumstances.
(c) The provisions of this Section do not apply to any record that serves as
a unique and
transferable instrument of rights and obligations including, without
limitation, negotiable instruments and
other instruments of title wherein possession of the instrument is deemed to
confer title, unless an
electronic version of such record is created, stored, and transferred in a
manner that allows for the
existence of only one unique, identifiable, and unalterable original with the
functional attributes of an
equivalent physical instrument, that can be possessed by only one person, and
which cannot be copied
except in a form that is readily identifiable as a copy.
(Source: P.A. 90-759, eff. 7-1-99.)
|
(5 ILCS 175/5-130)
Sec. 5-130.
Admissibility into evidence.
(a) In any legal proceeding, nothing in the application of the rules of
evidence shall apply so
as to deny the admissibility of an electronic record or electronic signature
into evidence:
(1) on the sole ground that it is an electronic
| | record or electronic signature; or
|
|
(2) on the grounds that it is not in its original
| | form or is not an original.
|
|
(b) Information in the form of an electronic record shall be given due
evidentiary weight by
the trier of fact. In assessing the evidential weight of an electronic record
or electronic signature where
its authenticity is in issue, the trier of fact may consider the manner in
which it was generated, stored or
communicated, the reliability of the manner in which its integrity was
maintained, the manner in which its
originator was identified or the electronic record was signed, and any other
relevant information or
circumstances.
(Source: P.A. 90-759, eff. 7-1-99.)
|
(5 ILCS 175/5-135)
Sec. 5-135.
Retention of electronic records.
(a) Where a rule of law requires that certain documents, records or
information be
retained, that requirement is met by retaining electronic records of such
information in a trustworthy
manner, provided that the following conditions are satisfied:
(1) the electronic record and the information
| | contained therein are accessible so as to be usable for subsequent reference at all times when such information must be retained;
|
|
(2) the information is retained in the format in
| | which it was originally generated, sent, or received or in a format that can be demonstrated to represent accurately the information originally generated, sent or received; and
|
|
(3) such data as enables the identification of the
| | origin and destination of the information, the authenticity and integrity of the information, and the date and time when it was sent or received, if any, is retained.
|
|
(b) An obligation to retain documents, records or information in accordance
with
subsection (a) does not extend to any data the sole purpose of which is to
enable the record to be sent
or received.
(c) Nothing in this Section shall preclude any State agency from specifying
additional
requirements for the retention of records that are subject to the jurisdiction
of such agency.
(Source: P.A. 90-759, eff. 7-1-99.)
|
(5 ILCS 175/5-140)
Sec. 5-140.
Electronic use not required.
Nothing in this Act shall be construed to:
(1) require any person to create, store, transmit,
| | accept, or otherwise use or communicate information, records, or signatures by electronic means or in electronic form; or
|
|
(2) prohibit any person engaging in an electronic
| | transaction from establishing reasonable requirements regarding the medium on which it will accept records or the method and type of symbol or security procedure it will accept as a signature.
|
|
(Source: P.A. 90-759, eff. 7-1-99.)
|
(5 ILCS 175/5-145)
Sec. 5-145.
Applicability of other statutes or rules.
Notwithstanding
any provisions of
this Act, if any other statute or rule requires approval by a State agency
prior to the use or retention of electronic records or the use of electronic
signatures, the provisions of that other statute or rule shall also apply.
(Source: P.A. 90-759, eff. 7-1-99.)
|
|
