Haw. Code R. § 5-11-71 - Standards for communication technology

(a) A remote online notary public may not perform a notarial act for a remotely located individual unless the technology identified by the remote online notary public satisfies all of the following:

(1) Provides continuous synchronous audiovisual feeds;

(2) Provides sufficient video resolution and audio clarity to enable the remote online notary public and remotely located individual to see and speak with each other simultaneously through live, real-time transmission;

(3) Provides sufficient captured-image resolution for identity proofing;

(4) Provides a means of authentication that reasonably ensures only authorized parties have access to the audiovisual record of the performed notarial act;

(5) Provides for the recording of the remote online notarial act in compliance with this chapter in sufficient quality to ensure the verification of the remote online notarial act;

(6) Ensures that any change to or tampering with an electronic record is evident after the electronic notary signature and notary seal have been affixed and the remote online notarial act has been;

(7) Provides confirmation that the electronic record presented is the same electronic record notarized;

(8) Provides the notary public with a means of electronically affixing the notary public's notary seal, signature, and notarial certificate to the notarized document based on an electronic technology standard that utilizes public key infrastructure (PKI) technology from a PKI service provider that is X.50 9 compliant;

(9) Provides an electronic-format notary journal that complies with the provisions of chapter 456, HRS, and this chapter to document the remote online notarial acts;

(10) Provides that if a remotely located individual shall exit the workflow or if the workflow is interrupted for any reason, the remotely located individual shall restart the identity verification process under section 5-11-69 or 5-11-70 from the beginning; and

(11) Provides security measures the attorney general deems reasonable to prevent unauthorized access to:

(A) The live transmission of the audiovisual communication;

(B) A recording of the audiovisual communication;

(C) The verification methods and credentials used in the identity proofing procedure;

(D) The electronic records presented for online notarization; and

(E) Any personally identifiable information used in the identity proofing.

(b) The online notary public shall immediately cease performing remote online notarial acts and notify the attorney general if:

(1) The technology no longer permits the remote online notary public to meet the requirements of chapter 456, HRS, or this chapter;

(2) The vendor ceases to provide the technology, which met the requirements of this section;

(3) The vendor has failed to protect from unauthorized access any information it is required to protect under chapter 456, HRS, this chapter, or any other laws in Hawaii; or

(4) Any other grounds that may materially affect the ability of notaries public to meet the requirements of Hawaii law.

Notes

Haw. Code R. § 5-11-71

[Eff and comp 2/27/2022] (Auth: §§ 28-10.8, 456-1.5, 456-8, 456-23) (Imp: HRS §§ 456-9, 456-23, 456-25)