California Health and Safety Code § 103526

(a) (1) If the State Registrar, local registrar, or county recorder receives a written, faxed, electronic, or digitized image of a request for a certified copy of a birth, death, or marriage record pursuant to Section 103525 that is accompanied by a notarized statement sworn under penalty of perjury, an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the applicant is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant pursuant to Section 103525. (2) A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth, death, or marriage record shall be legible and, if the notary’s seal is not photographically reproducible, show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. If a request for a certified copy of a birth, death, or marriage record is made in person, the official shall take a statement sworn under penalty of perjury that the applicant is signing the applicant’s own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant. (3) (A) If a request for a certified copy of a birth, death, or marriage record is made electronically, the official may accept an electronic verification authenticating the identity of the applicant using a multilayered remote identity proofing process that complies with all of the following requirements: (i) (I) Meets or exceeds the National Institute of Standards and Technology (NIST) Special Publication 800-63A Digital Identity Guidelines, or its successor publication, on electronic authentication guidelines for multilayered remote identity proofing. (II) Verifies to Identity Assurance Level 2, as described within these guidelines. (III) The verification pursuant to this clause shall occur as required by these guidelines, which may include record checks with the state or local agency, a credit reporting agency, or a similar database, knowledge-based verification, physical comparison, and biometric comparison. (IV) Notwithstanding subclause (III), the verification pursuant to this clause shall not occur through biometric comparison. This subclause shall remain in effect only until January 1, 2025, and as of that date is inoperative. (V) Completes a privacy risk assessment, as required by these guidelines. (ii) Meets or exceeds the information security requirements of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code) and the Federal Information Security Management Act of 2002 (Public Law 107-347) and all other applicable state and federal laws and regulations to protect the personal information of the applicant and guard against identity theft. (iii) Retains for each electronic verification, as required by the NIST Special Publication 800-63A Digital Identity Guidelines, or its successor publication, a record of the applicant whose identity has been verified and the steps taken to verify the identity. Personal information and documents provided to the State Registrar, local registrar, or county recorder for the purpose of identity verification to acquire vital records shall not be used, shared, distributed, or accessed by any other state or municipal agency or third party for any other purpose. (B) If an applicant’s identity cannot be established electronically pursuant to this paragraph, the applicant shall include with the applicant’s request a statement of identity not

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