Current through August 31, 2023
If a notary public does not have satisfactory evidence of the identity of a remotely located individual under Section 014 of this chapter, the notary public must reasonably verify the individual's identity through two (2) different types of identity proofing consisting of a multi-factor authentication procedure as provided in this section. The procedure shall analyze the individual's identity credential against trusted third-person data sources, bind the individual's identity to the individual following successful knowledge-based authentication, and permit the notary public visually to compare the identity credential and the individual. The analysis of the identity credential and the knowledge-based authentication shall conform to the following requirements: (3-31-22)
01.
Credential Analysis. The analysis of an identity credential must use public or private data sources to confirm the validity of the identity credential presented by a remotely located individual and, at a minimum: (3-31-22)
a. Use automated software processes to aid the notary public in verifying the identity of each remotely located individual; (3-31-22)
b. Require that the identity credential passes an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identity credential is not fraudulent or inappropriately modified; (3-31-22)
c. 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 identity credential details; and (3-31-22)
d. Enable the notary public visually to compare for consistency the information and photograph on the identity credential and the remotely located individual as viewed by the notary public in real time through communication technology. (3-31-22)
02.
Knowledge-Based Authentication. A knowledge-based authentication is successful if it meets the following requirements: (3-31-22)
a. The remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual's personal history or identity formulated from public or private data sources; (3-31-22)
b. Each question must have a minimum of five (5) possible answer choices; (3-31-22)
c. At least eighty percent (80%) of the questions must be answered correctly; (3-31-22)
d. All questions must be answered within two (2) minutes; (3-31-22)
e. If the remotely located individual fails the first attempt, the individual may retake the quiz one (1) time within twenty-four (24) hours; (3-31-22)
f. During a retake of the quiz, a minimum of forty percent (40%) of the prior questions must be replaced; (3-31-22)
g. If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same notary public within twenty-four (24) hours of the second failed attempt; and (3-31-22)
h. The notary public must not be able to see or record the questions or answers. (3-31-22)
