Remote online notaries public.
If enacted, AB 743 will significantly alter the legal landscape for notarization in California. The bill mandates that any person, other than an authorized online notary public, cannot perform notarizations via audio-video communication. This establishes a clear distinction between traditional and remote notarization, effectively expanding the role of digital platforms in the notarization process. Furthermore, it exempts records of online notarizations from public access as per the California Public Records Act, thereby addressing privacy concerns related to sensitive personal data involved in such transactions.
Assembly Bill 743, introduced by Assembly Member Petrie-Norris, seeks to amend various provisions related to notaries public in California, specifically establishing a framework for remote online notarizations. This bill introduces the concept of online notarization by allowing notaries to perform notarizations through audio-video communication. It requires notaries and online notarization platforms to register with the Secretary of State and implement security measures concerning electronic signatures and seals. By facilitating remote notarizations, the bill aims to streamline the notarization process for California residents, especially those unable to meet in person.
The sentiment around AB 743 appears mixed. Supporters argue that the bill is a progressive step towards modernization, making crucial services more accessible to Californians. They expect that remote notarization will enhance convenience and efficiency, particularly in a post-pandemic world where digital interactions have become more commonplace. However, there are concerns among critics regarding the implications for privacy and data security, considering the sensitive nature of the information involved in notarizations. There are also fears that reliance on digital platforms may complicate the notarization process or create barriers for individuals less familiar with technology.
Notable points of contention surrounding the bill include privacy issues and the potential for increased fraud in notarizations performed online. While the bill establishes a civil cause of action against online platforms for non-compliance, some legislators and stakeholders worry about the adequacy of these protections and the challenges in enforcing security provisions. Furthermore, the requirement for technology infrastructures to be in place by 2028, coupled with potential costs incurred by notaries in adapting to these changes, raises questions about the feasibility of implementing the new system effectively.