§176.855. Availability of Recordings and Documents to Certain Persons and Entities

The recording made under 5 ILCS 312/6A-104 of an electronic notarial act performed using audio-video communication may be made available:

 

a)         To the principal for whom the electronic notarial act was performed;

 

b)         To the Secretary of State;

 

c)         To a law enforcement or federal, state, or local governmental agency in the course of an enforcement action;

 

d)         Pursuant to a court order or subpoena;

 

e)         To the electronic notary public who performed the electronic notarial act for any purpose listed in subsections (a) through (d), inclusive;

 

f)         To any other person who is authorized by the parties to the electronic notarial act to obtain the recording; or

 

g)         For any authorized purpose and to ensure compliance with the provisions of this Part and Article VI-A of the Act governing electronic notarial acts, the employer of an electronic notary public who performs an electronic notarial act using audio-video communication or the provider whose system was used to perform such an electronic notarial act, or both, may access the recording made under 5 ILCS 312/6A-104 of the electronic notarial act.

 

(Source:  Added at 47 Ill. Reg. 8640, effective June 5, 2023)