4.4 Remote Online Notarization Identification
Key Takeaways
- RON requires at least two different types of identity proofing for a remotely located individual
- Identity proofing, knowledge-based authentication (KBA), and credential analysis are the layered electronic methods
- Personal knowledge and a credible witness remain valid bases of identity even in a RON session
- The entire RON session must be recorded as an audio-visual recording and retained
- RON notaries must use Hawaii Attorney General-approved technology and be separately authorized as RON notaries
RON and the Remotely Located Individual
Remote online notarization (RON) lets a Hawaii notary perform a notarial act for a remotely located individual — a signer who is not physically in the notary's presence but appears over real-time audio-visual technology. Because the notary cannot physically handle the ID or read body language across a desk, Hawaii law substitutes a layered electronic verification regime.
The governing principle: for a remotely located individual, the notary must have satisfactory evidence of identity through at least two different types of identity proofing, or through the notary's own personal knowledge, or through a credible witness appearing in the session.
The Electronic Identity-Proofing Stack
| Method | What it does |
|---|---|
| Identity proofing | A third-party service validates the signer against public and private data sources |
| Knowledge-based authentication (KBA) | Dynamic multiple-choice questions only the true signer should answer |
| Credential analysis | Software inspects the ID image for authenticity and tampering |
| Personal knowledge | Still valid if the notary genuinely knows the remote signer |
| Credible witness | An impartial witness who knows the signer may appear in the session |
The "at least two" requirement is the most-tested RON fact. A typical compliant session pairs KBA with credential analysis — two independent factors. A single method, no matter how robust, is insufficient.
Knowledge-Based Authentication in Detail
KBA presents the signer with quiz-style questions drawn from their personal and financial history that an impostor could not easily answer. Industry-standard implementations follow strict parameters:
| Parameter | Typical standard |
|---|---|
| Number of questions | At least 5 generated dynamically |
| Format | Multiple choice |
| Passing threshold | At least 80% correct (e.g., 4 of 5) |
| Time limit | About 2 minutes total |
| Attempts allowed | Limited — usually no more than 2 |
Sample prompts include "Which of these streets have you lived on?", "What was the make of a vehicle you previously owned?", or "Which lender holds your mortgage?" Failing KBA stops the session.
Credential Analysis in Detail
Credential analysis uses software to examine an image or scan of the signer's government ID and confirm it is genuine:
- Validates security features — watermarks, holograms, microprint, barcodes
- Detects tampering or digital alteration
- Confirms the ID is current or within the acceptable expiration window
- Cross-checks the ID photo against the live video of the signer
The same documentary standard from Section 4.1 carries over: passports, driver's licenses, and government non-driver IDs that are valid or expired no more than 3 years are acceptable for RON, just as in person.
Technology and Recording Requirements
Hawaii requires a RON notary to use technology approved by the Department of the Attorney General that:
- Provides a real-time, two-way audio-visual connection
- Records the entire notarial session as an audio-visual file
- Secures the connection and the resulting recording against tampering
- Supports the multi-factor identity verification described above
The audio-visual recording must be retained — a sharp contrast with in-person acts, which are not recorded. A RON notary must also be separately authorized by the Attorney General to perform remote acts; an ordinary notary commission alone does not permit RON.
In-Person vs. RON: Side by Side
| Aspect | In-person | Remote (RON) |
|---|---|---|
| Methods of identity | One: personal knowledge, ID, or credible witness | At least two types of identity proofing (or personal knowledge / credible witness) |
| ID inspection | Physical handling of the card | Electronic credential analysis |
| Session recording | Not required | Audio-visual recording required and retained |
| Authorization | Standard commission | Standard commission plus AG RON authorization |
| Expired-ID window | 3 years | 3 years (same rule) |
Exam Focus
Memorize three anchors: RON needs at least two identity-proofing methods; KBA + credential analysis is the classic pairing; and the whole session is recorded using AG-approved technology. The familiar 3-year expired-ID rule and the personal-knowledge and credible-witness options all carry over unchanged into the remote setting.
Why Two Methods Instead of One
The logic of the two-method requirement is defense-in-depth. KBA confirms that the person answering knows the signer's private history, while credential analysis confirms that a genuine government ID exists and matches the live video face. An impostor would have to defeat both an information barrier and a document barrier simultaneously. A single method has a single point of failure: stolen ID images can be re-presented, and personal-history data can sometimes be researched. Requiring two independent factors closes those gaps and is the heart of what makes RON legally equivalent to an in-person act.
The Audio-Visual Recording
The recording requirement deserves emphasis because it is unique to RON. The recording captures the signer's appearance, the identity-proofing results, and the act itself, creating a far more detailed evidentiary trail than an in-person journal entry. Because it can be reviewed later for signs of coercion or impersonation, the retention of the recording is itself a compliance obligation, not an optional convenience.
Failure Modes in a RON Session
| Failure | Required response |
|---|---|
| Signer fails the KBA quiz | Stop — identity not established; do not proceed |
| Credential analysis flags the ID as altered | Stop — the document is not satisfactory |
| Audio-visual connection drops mid-session | Re-establish presence; do not complete the act offline |
| Notary lacks AG RON authorization | The notary may not perform RON at all |
Each failure mode reinforces that RON is not simply an in-person notarization over video — it is a distinct, technology-bound procedure with its own gating checks.
RON and the Credible Witness
A credible witness may still be used in a RON session for a signer who cannot pass the electronic proofing, for example a signer with little credit history to support KBA. In that case the impartial witness appears in the same audio-visual session, is identified by the notary, and is sworn — the in-person rules of Section 4.3 translate directly into the remote environment. This preserves access for signers who would otherwise be locked out by the data-driven proofing methods.
With these anchors in place, Section 4.4 completes the identity picture: the same fundamental gate from Section 4.1, hardened with layered electronic verification and a permanent recording for the remote context.
For a remotely located individual, Hawaii RON law requires how many types of identity proofing?
Which statement about credential analysis in a RON session is correct?