(1) Except as provided in Subsection (2)(b), a notary shall: (a) keep the notary's journal in the notary's exclusive custody; and (b) ensure that the journal is not used by any other person for any purpose. (2) (a) A remote notary shall: (i) ensure that the electronic journal, and the electronic recording of each remote notarization, are a secure and authentic record of the remote notarizations that the remote notary performs; and (ii) maintain, and protect from unauthorized access or use, a backup of the electronic journal, and the electronic recording of each remote notarization recorded in the journal. (b) (i) A remote notary may designate as a custodian of the remote notary's electronic journal and the electronic recording of each remote notarization: (A) subject to Subsection (3), the remote notary's employer that employs the remote notary to perform notarizations; or (B) except as provided in Subsection (2)(b)(iii), an electronic repository that grants the remote notary sole access to the electronic journal and electronic recording and does not allow the person who operates the electronic repository or any other person to access the notary's electronic journal, information in the journal, or an electronic recording of a remote notarization for any purpose. (ii) A remote notary who designates a custodian under Subsection (2)(b)(i) shall execute an agreement with the custodian that requires the custodian to comply with the safety and security requirements, record retention requirements, and record destruction requirements of this chapter with regard to the remote notary's electronic journal, the information in the remote notary's electronic journal, and the electronic recordings. (iii) An electronic repository described in Subsection (2)(b)(i)(B) may access a remote notary's electronic journal, information in the journal, and the electronic recording of each remote notarization: (A) for a purpose solely related to completing, in accordance with this chapter, the notarization for which the journal or information in the journal is accessed; (B) for a purpose solely related to complying with the requirements to retain and store records under this chapter; or (C) if required under a court order. (3) The notary's employer may not require the notary to surrender the journal or the electronic recording upon termination of the notary's employment. (4) The lieutenant governor or a designee of the lieutenant governor may inspect a notary's journal or a remote notary's electronic recordings relating to a notarial act: (a) to ensure compliance with the requirements of this chapter or a related provision of law; or (b) to verify the authenticity of a notarial act. (5) (a) Except as provided in Subsection (5)(b) or (7), an individual may, during the notary's normal business hours, inspect or request a copy of an entry for a specific notarial act in the notary's journal, if: (i) the notary personally knows the individual or verifies the individual's identity by satisfactory evidence of identity; (ii) the individual specifies: (A) the type of notarial act the individual desires to inspect; (B) the document to which the notarial act relates; (C) the month and year of the notarial act; and (D) the name of the principal to which the notarial act relates; (iii) the individual affixes the individual's signature in the journal, as a separate entry that contains: (A) the individual's name and address; (B) the method used to identify the individual; (C) the notarial record the individual inspects or of which the individual requests a copy; (D) the date of the inspection or request; and (E) the reason for the inspection or request; and (iv) the individual inspects, or the notary provides a copy of, only the entry requested by the individual. (b) A notary may refuse to allow an inspection, or provide a copy, under Subsection (5)(a), if the notary has a reasonable, articulable belief that the individual is seeking the inspection with criminal or other harmful intent. (6) (a) As used in this Subsection (6), "official request" means: (i) a request made by law enforcement relating to a law enforcement investigation; (ii) a subpoena issued under the authority of law or under court authority; or (iii) a court order. (b) Except as provided in Subsection (7), a notary shall, in accordance with Subsection (6)(c), comply with an official request to: (i) inspect a journal, an entry in a journal, or an electronic recording of a remote notarization; or (ii) provide a certified copy of a notarial act or entry in the notary's journal. (c) Compliance with an official request is limited to: (i) the scope of the investigation described in Subsection (6)(a)(i); or (ii) the extent expressly stated in the subpoena or court order. (7) If a portion of a remote notarization includes biometric information or an image of identification used for the remote notarization, the notary may not allow inspection or release of that portion, unless: (a) the individual to whom the information or identification relates consents, in writing, to the inspection or release; (b) ordered by a court with jurisdiction; or (c) requested by the lieutenant governor or a designee of the lieutenant governor. (8) The following are not a record under Title 63G, Chapter 2, Government Records Access and Management Act: (a) a journal; or (b) an electronic recording of a remote notarization.
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