Oregon Secretary of State Corporation Division OFFICIAL Government website

Notary Journal Rule May 1, 2008

The Secretary of State has issued a new Oregon Administrative Rule, effective May 1, 2008 OAR 160-100-0210 Information Required to Be Recorded in Notarial Journal. This rule addresses protections for Notaries and the clients they serve, by helping Notaries comply with the Oregon Consumer Identity Theft Protection Act.

The Oregon Consumer Identity Theft Protection Act went into effect January 1, 2008. “The purpose of the bill is to provide a level of assurance to consumers that their personal information will be safeguarded, and decrease incidents of identity theft in a meaningful way.

SB 583 contains strong standards for safeguarding personal information, requires notification to consumers if there is a breach of security that may result in a disclosure of information, and gives consumers the right to request a security freeze of their credit file to provide some protection against an identity thief obtaining credit in their name. The law [applies] to all entities that handle personal information, whether they are in the public or private sector.” The Department of Consumer and Business Services (DCBS)

Unless they are already following HIPAA and Gramm-Leach-Bliley regulations, notaries and their employers are included, too. DCBS goes on to caution us:
         “Oregon businesses, organizations, and government agencies will need to have a plan in place to
         protect the sensitive data they collect, keep and share. “The law requires you to develop, implement,
         and maintain reasonable safeguards. This includes a number of measures such as designating one
         or more of your employees to coordinate a security program; assessing your information processing,
         transmission, and storage risks; and detecting, preventing, and responding to computerized
         intrusions. It also includes the proper disposal of information through shredding, or burning, or
         rendering it unreadable in electronic form through encryption or similar procedure.”

The Secretary of State has determined that notaries can best meet these obligations by simply not collecting account numbers, such as driver license numbers, Social Security Numbers and credit card account numbers. Therefore, beginning May 1, 2008, the rule on filling out a notary journal has changed. Information Required to Be Recorded in Notarial Journal 160-100-0210

When a notary notes information about an identification card she’s relied on, all that is recorded is the issuer of the information, the type of document and the expiration date.
Examples:
         State of Oregon Drivers License, expiration 9/07/2013
         United States Passport, expiration 9/24/2013
         Multnomah County Concealed Weapons Permit, expiration 10/04/2008

Date/Time of Act	Type of Act	Document Date	Document Type	Name & Signature	Address	ID	Additional Info

05/01/08 10:15am	Jurat	04/20/08	Affidavit	Cynthia Cooper Cynthia Cooper	123 State ST Salem, OR	ODL 09/07/13
05/03/08 1:15pm	Witness	04/25/08	POA	Alexander Bot Alexander Bot	456 State ST Salem, OR	U.S. Passport 09/24/13
05/05/08 4:45pm	Ackn.	05/02/08	Bill of Sale	Jimmy Cash Jimmy Cash	789 State ST Salem, OR	Concealed Weapon Per. 10/04/08	Permit from Multnomah Co.

The Secretary of State recommends, but does not require, that notaries with journals containing past entries of account numbers secure those journals in storage and start new logs. If someone requests a copy of an entry from those old journals, the notary should make sure no more than the last four digits of the account number are given to the requestor, unless it is for court purposes.