6 AAC 88.040 - Standards for identity proofing

(a) If a notary public does not have personal knowledge or satisfactory evidence of the identity of a remotely located individual under (d) of this section, the notary public must reasonably verify the individual's identity through a multi-factor authentication procedure as provided in (a) - (c) of this section. The procedure must analyze the individual's identification credential that is the subject of remote presentation against trusted third-party data sources, bind the individual's identity to the individual following a successful knowledge-based authentication assessment, and permit the notary public to visually compare the identification credential and the individual. Credential analysis and identity proofing must be performed by a reputable third party that has provided evidence to the notary public of its ability to satisfy the requirements of this chapter.

(b) Credential analysis must use public or private data sources to confirm the validity of the identification credential that is the subject of remote presentation by a remotely located individual and must, at a minimum,

(1) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;

(2) require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features, and to confirm that the identification credential is not fraudulent or inappropriately modified;

(3) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and

(4) enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology.

(c) Identity proofing may be performed by means of a knowledge-based authentication assessment. The assessment is successful if it meets the following requirements:

(1) the remotely located individual must answer a quiz of a minimum of five questions related to the individual's personal history or identity formulated from public or private data sources;

(2) each question must have a minimum of five possible answer choices;

(3) at least 80 percent of the questions must be answered correctly;

(4) all questions must be answered within two minutes;

(5) if the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours;

(6) during a retake of the quiz, a minimum of 40 percent of the prior questions must be replaced;

(7) if the remotely located individual fails the second attempt, the individual is not allowed to retry with the same online notary public until at least 24 hours after the second failed attempt; and

(8) the notary public may not be able to see or record the questions or answers.

(d) The multi-factor authentication requirements in (a) - (c) of this section do not apply if

(1) the notary public has personal knowledge of the identity of the individual; or

(2) the individual is identified by oath or affirmation of a credible witness subject to the following requirements:

(A) to be a credible witness, the witness must have personal knowledge of the remotely located individual;

(B) the notary public must have personal knowledge of the credible witness or must have satisfactory evidence of the identity of the credible witness through verification of the witness's identity by multi-factor authentication in accordance with (a) - (c) of this section;

(C) a credible witness may be outside the physical presence of the notary public or remotely located individual if the notary public, credible witness, and remotely located individual can communicate by using communication technology.

Notes

6 AAC 88.040

Eff. 1/1/2021, Register 237, April 2021

Authority:AS 44.50.072

AS 44.50.075