Sec. 6. (a) Technology used by a remote notary public for use in performing remote notarial acts must first be approved by the secretary of state.

(b) The secretary of state may approve technology described in subsection (a) only if the:

(1) technology:

(A) is tamper evident;

(B) allows a remote notarial act to be completed in accordance with this article;

(C) conforms to rules adopted by the secretary of state under IC 4-22-2; and

(D) if the technology is to be used for a remote notarial act described in section 4(a) of this chapter, allows for audiovisual communication between the parties; and

(2) vendor of the technology described in subdivision (1):

(A) uses a backup strategy that is acceptable to the secretary of state for use as a record keeper for any record that is related to a remote notarial act; and

(B) signs an agreement with the owner of the backup strategy described in clause (A) that, in the event that the vendor ceases business operations, the owner is required to release to the secretary of state any record described in clause (A).

(c) A remote notary public:

(1) may select one (1) or more technologies approved by the secretary of state under this section to perform remote notarial acts; and

(2) may not be required to use a particular technology not previously selected by the remote notary public.

(d) A remote notary public shall do the following:

(1) Take reasonable steps to ensure that audiovisual technology used in a remote notarial act is secure from unauthorized interception.

(2) Not later than thirty (30) days after the change occurs, notify the secretary of state of any change in technology used by the remote notary public to perform remote notarial acts.

As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.31.