IBA Compliance Connection

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Has the rule requiring fingerprinting for notarized signatures recently changed? I heard that new rules were going into effect in January.

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The recent Illinois Notary Public Act administrative rules, which became effective on June 5, include two changes related to protecting any biometric data saved in the fingerprinting process, but the rules do not make other substantive changes related to fingerprinting for notarized signatures.

A law enacted in 2021 substantially rewrote the Illinois Notary Public Act. The rewrite included new journal and examination requirements for notaries and standards for remote and electronic notarizations. These amendments became effective on June 5, 2023, when the Illinois Secretary of State adopted administrative rules implementing the law’s changes.

The new journal requirements prohibit a notary public from recording “[a] biometric identifier, including a fingerprint, voice print, or retina image of the principal” in their journal.

Additionally, the Illinois Notary Public Act now requires notaries to record each electronic or remote notarial act performed using audio-video communication. The rules require notaries to keep any portion of an audio-video recording of an electronic or remote notarization that includes biometric information, such as fingerprints, confidential. Notaries also have a duty to protect fingerprint data (and other personally identifiable data recorded as part of the electronic notarization process) from unauthorized access.  

Note that the Illinois Notary Public Act still requires notaries to receive thumbprints on documents that convey residential real property.

For resources related to our guidance, please see:

  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.10 (“‘Biometric data’ or ‘biometric identifier’ means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.”)
  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.910(c) (“Prohibited Entries. A notary public must not record in the notary’s journal the following: . . . (3) A biometric identifier, including a fingerprint, voice print, or retina image of the principal.”)
  • Illinois Notary Public Act, 5 ILCS 312/6A-104(a) (“An electronic notary public shall arrange for a recording to be made of each electronic notarial act performed using audio-video communication. The audio-video recording required by this Section shall be in addition to the journal entry for the electronic notarial act required by Section 3-107. Before performing any electronic notarial act using audio-video communication, the electronic notary public must inform all participating persons that the electronic notarization will be electronically recorded.”)
  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.710(d) (“The recording of a remote notarial act performed using audio-video communication, as required by this Part, must be made available upon request to the following persons or entities: . . .”)
  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.950(d) (“If any portion of the audio-video recording of an electronic or remote notarization includes biometric information or includes an image of the identification card used to identify the principal, that portion of the recording is confidential and shall not be released without consent of the individual whose identity is being established, unless ordered by a court of competent jurisdiction or upon request by the Secretary of State.”)
  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.10 (“‘Personal information’ or ‘personally identifiable information’ means either of the following: An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted or are encrypted or redacted but the keys to unencrypt or unredact or otherwise read the name or data elements have been acquired without authorization through the breach of security: . . . Unique biometric data means data generated from measurements or technical analysis of human body characteristics used by the owner or licensee to authenticate an individual, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data.”)
  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.900(d) (“An electronic journal kept by a notary public or an electronic notary public under 5 ILCS 312/3-107 must comply with the requirements of subsections (a) and (b) and must also: . . . (3) Omit all personally identifiable information, as defined in Section 176.10.”)
  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.700(e)(2) (“A remote notary public performing a remote notarial act using audio-video communication must verify that the communication technology is sufficient to protect the act and the recording of the act made under Section 176.710 and that any personally identifiable information disclosed during the performance of the remote notarial act is protected from unauthorized access, except as may be required to comply with the Act and Section 176.710(d), including unauthorized access to: (A) the live transmission of the audio-video feeds; (B) the methods used to perform identity verification; and (C) the recorded audio-video communication that is the subject of the remote notarization.”)
  • Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.845 (“An electronic notary public performing an electronic notarial act using audio-video communication, and the provider whose system is used, must ensure that the recording of the electronic notarial act made under 5 ILCS 312/6A-104 and any personally identifiable information disclosed during the performance of the electronic notarial act is protected from unauthorized access.”)
  • Illinois Notary Public Act, 5 ILCS 312/3-102(c) (“A notary appointed and commissioned as a notary in Illinois shall, in addition to compliance with other provisions of this Act, create a Notarial Record of each notarial act performed in connection with a Document of Conveyance. The Notarial Record shall contain: . . . (6) The notary public shall require the person signing the Document of Conveyance (including an agent acting on behalf of a principal under a duly executed power of attorney), whose signature is the subject of the notarial act, to place his or her right thumbprint on the Notarial Record.”)