Section 176.950  Inspection of a Journal, Response to Subpoenas and Investigative Requests, and Public Information

a)         In the notary's presence, any person may inspect an entry in the official journal of notarial acts during the notary's regular business hours, but only if:

1)         The person's identity is personally known to the notary or proven through satisfactory evidence;

2)         The person affixes a signature in the journal in a separate, dated entry;

3)         The person specifies the month, year, type of document, and the name of the principal for the notarial act or acts sought; and

4)         The person is shown only the entry or entries specified.

b)         If the notary has a reasonable and explainable belief that a person has a criminal or harmful intent in requesting information from the notary's journal, the notary may deny access to any entry or entries.

c)         Subpoenas and investigative requests.  A request for inspection or certified copies of a journal made through an investigative request by law enforcement or by the Secretary of State or in a subpoena in the course of criminal or civil litigation, or administrative proceeding shall be complied with in the manner specified in the request or subpoena.

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.

e)         Failure of a notary public to promptly and adequately respond to a request for public information in accordance with this Part may be good cause for suspension or revocation of a notary public or electronic notary public commission or other disciplinary action against the notary.

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