HAR §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; 11-36 §5-11-71 (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.509 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 11-37 345l §5-11-71 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. [Eff and comp FEB 2 7 ~U22 ] (Auth: §§28-10. 8, 456- 1. 5, 456-8, 456-23) (Imp: HRS §§456-9, 456-23, 456-25) §5-11-72 Electronic signature and electronic notary seal; electronic stamping device; electronic notarial certificate. (a) In addition to the rubber stamp notary seal required for all notaries public pursuant to section 456-3, HRS, and section 5-11-5, a remote online notary public shall obtain and keep one or more electronic stamping devices. An electronic stamping device shall consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union. A remote online notary public shall attach or logically associate the remote online notary public's electronic signature and electronic notary seal to an electronic document that is the subject of a notarial act for a remotely located individual by use of a digital certificate. A remote online notary public may not perform a notarial act for a remotely located individual if the digital certificate: (1) Has expired; (2) Does not comply with section 5-11-71; (3) Is invalid; or (4) Is incapable of authentication at the time the notarial act is performed. 11-38 345] §5-11-72 (b) Prior to the application of a digital certificate on an electronic document, the remote online notary public shall apply their electronic signature, notarial certificate, and electronic notary seal, that, when logically associated with an electronic document, shall contain the name of the notary public, the commission number of the notary public, and the words "notary public" and "State of Hawaii". (c) The remote online notary public shall use technology from a third-party provider of the communication technology for an electronic stamping device, electronic signature, electronic notary seal, and electronic notarial certificate. (d) The electronic notarial certificate shall comply with sections 456-21 and 456-23, HRS, the form of certificate provided in section 502-41, HRS, if applicable, or the form of certificate provided by other applicable law, and this chapter, and shall indicate that the notarial act was performed using communication technology. (e) A remote online notary public shall safeguard and maintain sole control of the remote online notary public's electronic notary seal and electronic stamping device by means of use of a password or other secure method of authentication. (f) Upon resignation from, or revocation or abandonment of, a commission, or the expiration of a commission without renewal, the remote online notary public shall destroy or disable the remote online notary public's electronic stamping device, including but not limited to, any coding, disk, digital certificate, card, software, or password, that enables the notary public to attach the electronic notary seal to an electronic record. The remote online notary public shall submit a declaration to the attorney general within ninety days of resignation from, or revocation or abandonment of, a commission, or the expiration of a commission without renewal in which the remote online notary public declares that the electronic stamping device was disabled and indicates the date and manner in which the electronic stamping 11-39 3457