Background: I am a very experienced notary public and notary signing agent. But I am new to RON and a stickler for understanding and following our rules before I jump into RON. I purchased SIGNiX to do GNW via RON. I have done many demo RON signings to practice with the SIGNiX platform but not a real one with real remote signers, yet. Because I still have unanswered questions. SIGNiX is pointing me to ask the WA notary commission. The WA notary commission wants to point me back to SIGNiX.
So I am seeking guidance from my fellow Washington RON notaries only, please. (And it is okay if you use a platform other than SIGNiX, as my questions are procedural.)
WAC 308-30-330 instructs us to make sure the audio-visual recording does not include any images of the electronic record that was the subject of the remote notarial act.
My fellow Washington RON notaries, does this mean you STOP RECORDING the RON session after the signer has accepted legal consent and has been sworn/affirmed that (1) they are the person named in the document; (2) they understand what they are signing and are signing as a free/voluntary act; and (3) that the statements they are making are true and correct?
And, since we are required to save any A/V recording and a back-up for ten years, do you store these files separately on 2 different external hard drives? Are you storing the RON pdfs as well, or just the pdf of the audit trail? Or how do you handle this?
Thanks in advance for your help.
WAC 308-30-330 WAC 308-30-330:
Retention of audio-visual recordings and repositories.
(1) A notary public must retain any audio-visual recording created under RCW 42.45.280 (3)(c) in a computer or other electronic storage device that protects the recording against unauthorized access by password or other secure means of authentication. The recording must be created in an industry-standard audio-visual file format and must not include images of any electronic record that was the subject of the remote notarial act.
(2) An audio-visual recording must be retained for at least ten years after the recording is made. [SAVE TO EXTERNAL HARD DRIVE #1?]
(3) A notary public must take reasonable steps to ensure that a backup of the audio-visual recording exists and is secure from unauthorized use. [BACKUP TO EXTERNAL HARD DRIVE #2?]
(4) The fact that the notary public’s employer, contractor, or repository keeps or stores any audio-visual recordings shall not relieve the notary of the duties required by these rules.
(5) The personal representative or guardian of a notary public shall follow RCW 42.45.280(6) related to the disposition of the notary public’s audio-visual recordings upon the death or adjudication of incompetency of the notary public.
(6) The notary public, or the notary’s personal representative or guardian, shall provide access instructions to the department for any audio-visual recordings maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death of adjudication of incompetency of the notary.
(7) A notary public, or the notary’s personal representative or guardian, may by written contract engage a third party to act as a repository to provide the storage required by this section. A third party under contract under this section shall be deemed a repository under RCW 42.45.280(6).
(8) Any contract under subsection (7) of this section must:
(a) Enable the notary public, or the notary’s personal representative or guardian, to comply with the retention requirements of this section even if the contract is terminated; or
(b) Provide that the information will be transferred to the notary public, or to the notary’s personal representative or guardian, if the contract is terminated.