Updated 5-27-16.
When someone asks to see an entry in your journal, there are important rules you should follow to protect the privacy of your signers’ important information contained in other entries.
- Follow your state’s requirements for allowing access to journal entries. For example, California requires a written request be presented prior to allowing inspection or photocopying of an entry. The request must specify the names of the parties to the notarization, the type of document and the month and year the document was notarized.
- If your state doesn’t have any requirements, let best practice guide you. The Notary Public Code Of Professional Responsibility recommends following the procedure mentioned above.
- Do not permit “fishing expeditions.” Never let someone asking to inspect a journal entry for a particular notarization flip wholesale through your journal pages. This compromises the confidentiality of other signers’ information.
- When making a photocopy or allowing someone to view a journal entry, cover other entries on the same page to conceal them from view.
- Always be present when an individual examines an entry. Except under special circumstances — such as an authorized request by law enforcement — never allow your journal to be examined or copied unattended. This rule applies when your employer asks to inspect your journal as well.
- Do not relinquish control or possession of your journal to an unauthorized person — even to a co-worker, relative or friend — for any reason. State laws can be very strict about this. If your journal is subpoenaed by a court or seized by law enforcement, then obviously you must comply. Short of that, protect your journal at all costs.
David Thun is an Associate Editor at the National Notary Association.
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Additional Resources:
NNA Webinar: How to Complete a Journal Entry
Notary Essentials