7.2 RON Identity Verification, Recording, and Security

RON Identity Verification, Recording, and Security

In traditional notarization you confirm identity by personally knowing the signer or by inspecting an unexpired photo ID across the table. RON cannot rely on that physical inspection, so A.R.S. § 41-263(B) and AAC R2-12-1305 set out identity paths, including multi-factor proofing. Understanding the exact thresholds is heavily tested because the numbers are specific and easy to write wrong-answer options around.

Three Identity Paths for a Remote Signer

Under A.R.S. § 41-263(B)(1), the notary may rely on:

1. Personal knowledge of the remotely located individual under § 41-255(A).
2. A credible witness's oath or affirmation, if that witness appears before and is identified by the notary. AAC R2-12-1305(D) allows the witness to appear remotely if all three people can communicate through the technology; the notary must know or properly verify the witness.
3. At least two different types of identity proofing for the signer. Arizona's RON rule implements this through a reputable third party's credential analysis of a remotely presented ID, dynamic knowledge-based authentication (KBA), and the notary's live visual comparison.

The KBA figures below apply to the multi-factor proofing path. Do not treat KBA as mandatory when identity is established through personal knowledge or a qualifying credible witness.

The Arizona KBA Rules (Memorize the Numbers)

Arizona's RON rules (Ariz. Admin. Code R2-12-1305) set precise KBA thresholds:

The figure students most often confuse is the passing score. With five questions, 80% means four of five correct. A wrong-answer option of "60%" or "three of five" is a classic distractor.

The Notary's Own Visual Comparison

Technology does not replace your judgment. Even after credential analysis and KBA pass, you must visually compare, in real time, the photograph and information on the credential against the person you see on camera (R2-12-1305). If the face does not match, or the signer seems coerced, confused, or unwilling, you refuse — exactly as you would in person. The 12-step screening (signer present, comprehends, proceeding willingly, identified) still governs RON; the camera simply replaces the table.

Electronic Journal and Audiovisual Recording

Each RON act is recorded in a permanent, tamper-evident electronic journal, not in the traditional paper journal. AAC R2-12-1309 requires the date and time, record description and act type, each individual's full name and address, identity method and results, and any fee charged. Under the ordinary rule, the journal describes the credential but omits its serial/identification number. The notary or a person acting for the notary also creates an audiovisual recording of the act under A.R.S. § 41-263(B)(3). Protect the journal and recording from unauthorized access and keep a secure backup.

Retention: General Five-Year Rule and Special Seven-Year Exception

• Electronic journal: retain for at least five years after the last remote act recorded in that journal under AAC R2-12-1308(B).
• Ordinary audiovisual recording: retain for at least five years after it is made under A.R.S. § 41-263(E) and R2-12-1308(B), unless a longer rule applies.
• Covered deed, other real-property document, or power of attorney without a fingerprint: the later § 41-254(D)(3) allows the remote fingerprint exception only if the journal includes the individual's identification credential number and the recording is retained at least seven years. These conditions are additional to compliant RON under § 41-263; an ordinary five-year recording is not enough for this exception. The older general journal rule says to omit credential numbers, so apply the newer statute's specific credential-number condition only to this exception.

Example: A remote signer asks an Arizona RON notary to acknowledge a power of attorney. The notary completes a compliant remote act, records the signer’s identification credential number in the electronic journal, and arranges secure audiovisual retention for seven years. Those two extra steps satisfy the § 41-254(D)(3) fingerprint exception. For a remote act on an unrelated ordinary document, the general five-year recording minimum applies.

Security and Fraud Considerations

Arizona’s RON rules require the notary to take reasonable steps to protect the integrity, security, and authenticity of every RON act: keep the communication technology secure from unauthorized interception, protect the electronic seal from unauthorized use (you may never let another person use it), and back up both the journal and the recording. If the electronic seal or electronic journal is stolen, vandalized, lost, or used by another person, the notary must immediately notify the Secretary of State — and, for theft or vandalism, an appropriate law-enforcement agency as well.

Example: A signer in another state presents a driver's license over the RON platform. Credential analysis flags the ID as authentic, but on the KBA quiz the signer answers only 2 of 5 questions correctly within the 2-minute window — below the 80% threshold. Arizona rules allow one retake within 24 hours with at least 40% of the questions replaced; the signer scores 2 of 5 again. The signer has now failed twice and may not retry with the same online notary for 24 hours, so the notary cannot proceed and ends the session. Refusing here is correct: identity was never established to the statutory standard.