Iowa Admin. Code r. 721-43.10

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 721-43.10 - Providers of communication technology

(1)Provider requirements. A notary public authorized to perform notarial acts for remotely located individuals may only use a provider of communication technology for the audiovisual recording of electronic notarial acts subject to the provisions of this chapter and Iowa Code sections 9B.14A and 9B.14B if the provider:

a. Has registered with and been approved by the secretary of state in accordance with this chapter;

b. Allows the remote notary public sole control of the recording of the electronic notarial act using audiovisual communication, subject to the authorized access granted by the notary; and

c. Provides the notary with access to the recording of the electronic notarial act using audiovisual communication pursuant to this chapter.

(2)Backup strategy requirement-release of records to secretary of state.

a. The secretary of state may not approve a provider of communication technology as defined in Iowa Code section 9B.14A(1)"a" unless the provider 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.

b. If the provider of communication technology and the owner of the backup strategy described in paragraph 43.10(2)"a" are the same entity, in the event that the provider ceases business operations, the provider shall notify the secretary of state in advance of such cessation of business operations and, at the secretary of state's request, shall release to the secretary of state any record described in paragraph 43.10(2)"a."

c. If the provider of communication technology and the owner of the backup strategy described in paragraph 43.10(2)"a" are separate entities, the provider shall sign an agreement with the owner of the backup strategy that, in the event that the provider or the owner ceases business operations, the entity ceasing business operations shall notify the other entity and the secretary of state in advance of such cessation of business operations, and, at the secretary of state's request, the owner of the backup strategy shall release to the secretary of state any record described in paragraph 43.10(2)"a."

(3)Protection of recording and personally identifiable information. A provider of communication technology shall protect from unauthorized access the recording of a notarial act pursuant to Iowa Code section 9B.14A(3)"c" and any "personally identifiable information" as defined in Iowa Code section 9B.14C(1) disclosed during the performance of an electronic notarial act using audiovisual communications.

Iowa Admin. Code r. 721-43.10

Adopted by IAB May 20, 2020/Volume XLII, Number 24, effective 7/1/2020

Amended by IAB August 23, 2023/Volume XLVI, Number 4, effective 9/27/2023