1.
- a. As used in this section, unless the context otherwise requires, “personally identifiable information” means information about or pertaining to an individual in a record which identifies the individual, and includes information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information.
- b. “Personally identifiable information” includes but is not limited to a person’s photograph, social security number, driver’s license number, name, address, and telephone number.
2. A notary public or a remote facilitator shall not sell, offer for sale, use, or transfer to another person personally identifiable information collected in the course of performing a notarial act for any purpose other than as follows:
- a. As required to perform the notarial act.
- b. As necessary to effect, administer, enforce, service, or process the transaction for which the personally identifiable information was provided.
3. Subsection 2 does not apply to the transfer of personally identifiable information to another person in any of the following circumstances:
- a. Upon written consent of the person for the use or release of that person’s personally identifiable information.
- b. In response to a court order, subpoena, or other legal process compelling disclosure.
- c. As part of a change in the form of a business entity’s organization or a change in the control of a business entity, including as a result of an acquisition, merger, or consolidation. However, any reorganized or successor business entity shall comply with the same requirements as provided in subsection 2.
- 4. A person who violates this section is guilty of a simple misdemeanor.
2019 enactment of section is effective July 1, 2020; 2019 Acts, ch 44, §11 NEW section
2019 Acts, ch 44, §8, 11