Sec. 3-101.5. Security of electronic signature and seal.

230 words·~1 min read·/il/chapter-5/act-312/3-101-5

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Sec. 3-101.5. Security of electronic signature and seal. The following requirements apply only to electronic notaries public.

(a)The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts.

(b)The electronic notary public's electronic signature and electronic seal are deemed to be reliable if the following requirements are met:

(1)it is unique to the electronic notary public;

(2)it is capable of independent verification;

(3)it is retained under the electronic notary public's sole control;

(4)it is attached to or logically associated with the electronic document in a tamper

evident manner. Evidence of tampering pursuant to this standard may be used to determine whether the electronic notarial act is valid or invalid;

(5)the electronic notary public has chosen technology or a vendor that meets the

minimum requirements established by the Secretary of State and is approved by the Secretary of State; and

(6)the technology adheres to any other standards or requirements set by the Secretary

of State in administrative rule.

(c)The electronic notary public shall be prohibited from selling or transferring personal information learned through the course of an electronic notarization, except when required by law, law enforcement, the Secretary of State or court order.

(d)The Secretary of State shall have the authority to adopt administrative rules to implement this Section.