Current through Register Vol. 48, No. 38, September 20, 2024
a) If an electronic notary public does not
have satisfactory evidence of the identity of a remotely located principal
pursuant to 5 ILCS
312/6A-103(b)(1), the electronic
notary public must reasonably verify the principal's identity through a
multi-factor authentication procedure as provided in this Section. The
procedure must analyze the principal's identification credential presented
remotely against trusted third-person data sources, bind the principal's
identity following a successful dynamic knowledge-based authentication
assessment, and permit the electronic notary public to visually compare the
identification credential and the principal. Credential analysis and identity
proofing must be performed by a reputable third party who has provided evidence
to the electronic notary public of the ability to comply with this
Section.
b) Credential analysis
must use public or private data sources to confirm the validity of the
identification credential presented electronically by a principal and will, at
a minimum:
1) Use automated software processes
to aid the electronic notary public in verifying the identity of each
principal;
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 credentials; and
4) Enable the electronic notary public to
visually compare for consistency the information and photograph on the
identification credential and the principal as viewed by the electronic notary
public in real time through communication technology.
c) Identity proofing must be performed using
a dynamic knowledge-based authentication assessment. The assessment is
successful if it meets the following requirements:
1) The principal must answer a quiz
consisting of a minimum of five questions related to the principal'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% of the questions must be answered correctly;
4) All questions must be answered within two
minutes;
5) If the principal fails
the first attempt, the principal may retake the quiz one time within 24
hours;
6) During a retake of the
quiz, a minimum of 40% of the prior questions must be replaced;
7) If the principal fails the second attempt,
the principal is not allowed to retry with the same electronic notary public
within 24 hours of the second failed attempt; and
8) The electronic notary public must not be
able to see or record the questions or answers.
d) An electronic notary public has
satisfactory evidence of the identity of the principal if:
1) The electronic notary public has personal
knowledge of the identity of the principal; or
2) The requirements of
5 ILCS
312/6A-103(b)(2) are
satisfied.
