signature ferpa
Is a touch screen signature considered an electronic signature?
<p>I am dealing with an entity that is insisting that I need to print out a document, sign it, and then scan the signed document to get it as a PDF. Initially, I had pulled the document up on my tablet, signed it on the screen with a stylus, and had sent it back, but they insist that this is an electronic signature and that they need a real one. </p>

<p>Is there any legal backing as to why they need a convuluted physical signature when they are not recieving the physical document? Does a signature on a touchscreen constitute an electronic signature? The touchscreen version is still my signature, and looks like my physical signature. It is my understanding that an electronic signature is a symbol of some sort from the computer, like when you type your name in a styalized way.</p>

<p>This is in the United States and is a FERPA disclosure form.</p>

<p>The relevant regulation, <a href="https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&amp;node=34:1.1.1.1.33#se34.1.99_130" rel="nofollow noreferrer">34 CFR 99.30</a>, say that you "<strong>shall</strong> provide a signed and dated written consent", and</p>

<blockquote>
  <p>“Signed and dated written consent” under this part <strong>may</strong> include a
  record and signature in electronic form that—</p>
  
  <p>(1) Identifies and authenticates a particular person as the source of
  the electronic consent; and</p>
  
  <p>(2) Indicates such person's approval of the information contained in
  the electronic consent.</p>
</blockquote>

<p>By using permissive "may" rather than "shall", the entity is allowed to reject electronic signatures. Because the regulation adds (1) and (2) but only for electronic signatures, I would assume that there is a somewhat higher standard to be met in the case of electronic signatures (and I assume that the entity makes similar assumptions). Since the regulation gives no further information on what is necessary to satisfy conditions (1) and (2), accepting an e-signature carries some increased risk. The <a href="https://studentprivacy.ed.gov/sites/default/files/resource_document/file/042104a.pdf" rel="nofollow noreferrer">appendix analyzing comments</a> for this regulatory change does point to issues regarding authentication, which could well feed institutional concerns over unpredictable liability.</p>
