Guidelines for maintaining privacy in Notary journals
Notary Signing Agents should not permit any company to access non-customer journal records containing confidential personal details. Title companies have the responsibility of safeguarding sensitive customer financial information as mandated by the federal Gramm-Leach-Bliley Act (GLBA). Reviewing journal entries unrelated to title company customers would breach GLBA regulations. With the exceptions outlined below, the NNA advises Signing Agents to decline requests from potential contracting firms to view their journals, as Signing Agents are required to uphold the same GLBA privacy standards for nonpublic personal information.
Exceptions specific to certain states
Certain states have established rules regarding access to journal entries that deviate from the standard privacy protocols mentioned earlier. Unless one of these specified exceptions applies, Notary Signing Agents should not allow a title company to inspect their journals in exchange for assignments from that company.
Arizona — A journal entry classified as a public record can be accessed by any individual presenting a written request detailing the notarized person's name, the month and year of the notarization, and the document or transaction type (ARS 41-319[F]). It's important to note that Arizona permits Notaries to maintain a separate journal for notarial acts that are not public records. Non-public record entries include information protected by attorney-client privilege or confidential under federal or state law. Journals containing nonpublic records are the property of the Notary's employer (usually a law firm) and must be kept confidential (ARS 41-319[E]).
California — Government Code 8206[d] stipulates that the journal is solely owned by the Notary and prohibits surrendering it to any individual. Exceptions include providing it to a peace officer if it contains evidence related to a criminal investigation, or to the county clerk upon the Notary's retirement.
However, in California, a Notary must furnish a photocopy of a journal entry to anyone submitting a written request containing the parties' names, document type, and notarization month and year (Government Code 8206[c]). A Notary-employee must allow an employer to review journal entries directly related to the employer's business, provided the Notary is present. The employer cannot demand access to entries unrelated to their business (Government Code 8206[d]).
Colorado — Any member of the public may request access to a notarized record by submitting a written request detailing the parties' names, document type, and notarization month and year. Upon request, the Notary may provide a certified copy of the relevant transaction and charge the fee permitted in CRS Section 24-21-529. The transaction must be recorded in the Notary's journal (CRS 24-21-519[5]).
Hawaii — Hawaii Notaries are required to allow inspection of journal records by any responsible individual without charge (HRS 502-73).
Maryland — A Notary Public may charge $2 for certifying a copy of an entry in the notary's register of official acts (COMAR 01.02.08.03E). The fee for providing a photocopy of an entry in the register is $1 per copy (COMAR 01.02.08.03C).
Massachusetts — Notary journals may only be inspected without restriction by law enforcement, if subpoenaed by court order, or when the Secretary of the Commonwealth orders the Notary to surrender the journal (GL 222 Sec. 22[g]).
Mississippi — A Notary must provide photocopies of journal records to a person who requests them and pays the legal fee (MCA 25-33-5). Any person may inspect a journal entry in the Notary's presence during regular business hours if certain conditions are met. Only law enforcement, a court issuing a subpoena, or the Secretary of State can request unrestricted inspection of a Mississippi Notary's journal. The Notary may deny access if there are reasonable suspicions of criminal or harmful intent (1 Miss. Admin. Code Pt. 5, R. 50.4.6.A and B).
Missouri — The journal may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, pursuant to subpoena power as authorized by law, or surrendered at the direction of the secretary (RSMo 486.710.1).
Nevada — A Nevada Notary's journal is open to public inspection without qualification (NRS 240.120[6]).
Oregon — Only Notaries who are public officials or employees are obligated to disclose journal records under Oregon's public records laws (ORS 192.410-192.505). A Notary who is not a public official or employee is exempt from disclosing the journal contents, unless requested by the Secretary of State under OAC 160-100-0430(6).
Pennsylvania — A Notary must provide a certified copy of the journal to a person who applies for it (57 Pa.C.S. 319[g.1.]).
Texas — Texas Notaries must provide a certified copy of any requested entry upon payment of the fee allowed by law within 10 days of receipt of the fees (Government Code Section 406.014 and Texas Administrative Code, Title 1, Section 87.52[a]). If unable to provide the certified copy within the specified time, the Notary must inform the requester in writing. If personal identifiable information is inadvertently included, the Notary must redact it before releasing the copy.
Bill Anderson is Vice President of Government Affairs with the National Notary Association. David Thun is the Editorial Manager at the National Notary Association.
Комментарии