S.C. Code Regs. § § 113-480

Current through Register Vol. 48, No. 11, November 22, 2024

Section 113-480 - Electronic Notary Journal Preservation

A. An electronic notary journal shall be created and stored in a computer or other electronic storage device or process that protects the electronic journal against unauthorized access by password, biometric verification, token, or other form of authentication.

B. An electronic notary journal is the exclusive property of the notary public and no employer or vendor of enotary services may retain control of a notary public's electronic record for any reason.

C. An electronic notary journal shall be retained for at least ten (10) years after the last notarial act chronicled in the journal.

D. An electronic notary journal shall be tamper-evident.

E. A notary public shall not allow a record entry to be deleted or altered in content or sequence by the electronic notary public or any other person after a record of the electronic notarization is entered and stored.

F. An electronic notary journal must be capable of providing tangible or electronic copies of any entry made in the journal.

G. Upon the death or adjudication of incompetency of a current or former notary public who is registered to perform notarial acts with respect to electronic records, the electronic notary's personal representative or guardian or any other person knowingly in possession of a journal shall:

(1) comply with the retention requirements of this section;

(2) transmit the journal to a third person contracted to act as a repository to provide the storage required by this section; or

(3) transmit the journal in an industry-standard readable data storage device to the electronic notary public's notary technology provider.

S.C. Code Regs. § 113-480

Adopted by State Register Volume 46, Issue No. 06, eff. 6/24/2022.