Can a Notary Public accept digital forms of Identification?
An electronic Driver License or State ID is a secure version of your physical card that can be stored on your cell phone. This is not merely a photograph of the card, but a digitized version using a secure connection to the local issuing MVD to display the image and information on record in state databases.
The fact that major corporations like Apple and Google are providing the option to store this info on your phone, means eIDs are becoming more popular.
The technology for mobile ID's or digital ID's have been around for years, it has only begun to be implemented recently for everyday use. As it becomes more widely used, we will of course be presented with the digital ID at the table during a notarization. The question is....can we accept this form of identification?
Approximately 30% of the 50 US states have either adopted or are piloting a Mobile ID program. And less than a handful do not yet have a task force to even investigate its use. Whether you will have access to mobile or digital IDs largely depends on where you live.
According to www.upgradedpoints.com/travel " The Department of Homeland Security (DHS) is working to help create new standards for mobile driver’s licenses, known as ISO 18013-5 mDL, and TSA started testing DDL acceptance for PreCheck passengers at select trial airports."
Not only do eIDs help to prevent fraudulent ID circulation but Digital IDs are great for protecting private information. For instance, information can be parsed-out so that if you only need to verify the age of someone - as in purchasing alcohol or entering a night club - then you can specify what information you are wanting to be displayed. I certainly wouldn't want the bouncer to see my home address. But the bouncer would need to see my picture and my date of birth.
As of June 2023, 14-states have MVD digital ID's either as a joint effort through Apple Wallet and Google Wallet or as a proprietary app for Apple/Android that can be downloaded from the respective app stores.
Those states are;
Arizona - Delaware - Florida - Louisiana - Mississippi - Missouri - Oklahoma - Utah - Colorado - Wyoming - Georgia - Hawaii - Ohio and Maryland.
But can we accept them as a Notary Public to identify our signer's?
That probably is a question you will need to ask of your licensing Agency. As of this date, I believe that Colorado, Louisiana, Missouri and Wyoming notaries can use digital IDs. Ohio and California do not have digital IDs but allow their notaries to accept them if the ID is deemed legal in the state it was issued in. In other words, California and Ohio can take a Colorado eID as a form of identification.
I played a small part in the presentation of the use of digital IDs in 2021. Myself, Bill Anderson (NNA) and the founder of Idemia (Private software company that partners with AZDOT) met with 4-managers and the Director of the Arizona Secretary of State to demonstrate a notarization using a digital ID both as a traditional notarial transaction and as a Remote Online notarization. They had several questions and lots of interest, but to my knowledge no directives came from this meeting. Currently Arizona notaries cannot accept the digital form of identification.
It's best to pose the question to your SOS or Notary licensing agency to be certain as there may be restriction on what form of digital ID you may be authorized to use.
Currently there are three forms of digital IDs being issued;
State governed MVD digital programs
Partner contract where the state contractually agrees to give access to state databases - like Apple or Google Wallet
Private software companies that are hired by state agencies to host and manage ID cards.
Here is a short list of states and the eID status;
StateStatus of Digital Driver’s LicenseArizonaArizona is currently using the Mobile ID app, developed by Idemia and also available for Apple Wallet.CaliforniaCalifornia is currently running a pilot for California’s Digital ID Project to roll out in the near future.ColoradoColorado has been accepting digital licenses using the myColorado app since 2019 and this is also available for Apple Wallet.ConnecticutConnecticut is working with Apple to develop virtual IDs that work with Apple Wallet, per Apple, but it is still not available yet.DelawareDelaware is currently using the Mobile ID app, developed by Idemia.FloridaFlorida is currently running a pilot for the Florida Smart ID to roll out in the near future.GeorgiaGeorgia will be among the first states in the country to introduce compatibility with Apple Wallet, per Apple, but this is still not available yet.HawaiiHawaii is working on compatibility with Apple Wallet, per Apple, but this is still not available yet.IowaIowa is working with Apple to develop virtual IDs that work with Apple Wallet, per Apple. The Iowa Mobile ID is also “coming soon,” per IowaDOT.KentuckyKentucky is working with Apple to develop virtual IDs that work with Apple Wallet, per Apple, but this is still not available yet.LouisianaLouisiana’s LA Wallet app launched in 2018 and provides a digital driver’s license that is accepted by state police.MarylandMaryland Mobile ID is available for Apple Wallet.MississippiMississippi has a digital Mississippi Mobile ID app to store your digital driver’s license and this is working with Apple as well.New JerseyNew Jersey is working with Apple to develop virtual IDs that work with Apple Wallet, per Apple, but this is still not available yet.OhioOhio is working with Apple to develop virtual IDs that work with Apple Wallet, per Apple, but this is still not available yet.OklahomaOklahoma is currently using the Mobile ID app, developed by Idemia.Puerto RicoPuerto Rico is working with Apple to develop virtual IDs that work with Apple Wallet, per Apple, but this is still not available yet.UtahUtah is currently using the Get Mobile ID app, developed by GET Group North America, and is working with Apple to develop virtual IDs that work with Apple Wallet.
Curious about how all of this works? You can find more in-depth information on www.IDscan.net/mobile , https://www.adnovum.com/blog/digital-identity or your local MVD website.
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