Authority: IC 33-42-16-2

Affected: IC 33-42-17-6

Sec. 2. A remote notary system used to perform remote notarial acts by means of audio visual communication must:

1. (1) provide for real time audio visual feeds;
2. (2) provide sufficient video resolution and audio clarity to enable the remote notary public and the principal to see and speak to each other simultaneously through real time transmission;
3. (3) provide sufficient captured image resolution for credential analysis to be performed;
4. (4) include a means of authentication that reasonably ensures only the proper parties have access to the audio visual communication;
5. (5) provide some manner of ensuring that the electronic record that is subject to the remote notarial act is the same record electronically signed by the principal;
6. (6) securely create, store, and transmit an electronic recording of the audio visual communication, maintaining the confidentiality of any identity proofing responses or analysis; and

7. (7) provide reasonable security measures to prevent unauthorized access to:

   1. (A) the real time transmission of the audio visual communication;
   2. (B) a recording of the audio visual communication;
   3. (C) the verification methods and credentials used to verify the identity of the principal; and
   4. (D) the electronic documents presented for electronic notarization.

(Secretary of State; 75 IAC 7-8-2; filed Mar 26, 2020, 1:09 p.m.: 20200401-IR-075190329FRA, eff Mar 31, 2020, see Executive Order 20-15, posted at 20200422-IR-GOV200234EOA)