March 26, 2026


New York Notaries: Be Careful What Gets Captured on a Remote Notarization Recording

I saw a post recently where a notary in another state asked whether, during a remote notarization session, they have the signer hold their ID up to the camera.

And it made me stop for a second, because this is exactly why notaries need to be careful about taking advice from people in other states.

Every state is different.

What may be perfectly acceptable somewhere else may not be acceptable here in New York. And when it comes to remote notarization, that distinction really matters.

In New York, the recording is not allowed to include the discussion or display of personally identifiable information, and that recording has to be maintained for at least ten years from the date of the transaction.

That is a big deal.

Because once you really think about it, it changes how you have to handle a remote notarization session.

This Is About More Than Just Checking ID

A lot of people think the issue is simply, “Well, the notary needs to identify the signer.”

Of course we do.

But in New York, we also have to think about what is being captured on that recording. If the signer holds their ID up to the camera while the recording is running, what exactly is being displayed? Date of birth? ID number? Address? Other personal information?

That is where the problem comes in.

And it is not just about what is shown. It is also about what is said.

Sometimes signers talk to themselves while they are filling out paperwork. They will start reading information out loud without even realizing it. Maybe it is their date of birth. Maybe part of a Social Security number. Maybe some other private information that should never become part of that recording.

As the notary, you have to stop that immediately.

You Have to Set the Tone Up Front

This is why I think it is so important to prepare the signer before you really get going.

Do not wait until they are already in the middle of the session and reading private information out loud.

Tell them at the beginning that the session is being recorded and that they should not state any private personal information out loud while the recording is active. They also should not display anything on camera that contains personally identifiable information.

That conversation matters.

It protects the signer, it protects the integrity of the session, and frankly, it protects you too.

Because once something is captured on that recording, you cannot undo it.

And remember, in New York, that recording must be maintained for ten years.

New York Notaries Cannot Afford to Be Casual About This

I think sometimes people get comfortable because they see someone else do something online, or they hear another notary say, “This is how I do it.”

But that is not a compliance standard.

Especially not in New York.

Just because a notary in another state has a signer hold up their ID to the camera does not mean that is something a New York notary should be doing during a recorded session. You have to know what New York requires and what New York prohibits.

That is the job.

And honestly, this is one of those areas where notaries need to slow down and think through the process instead of just copying what they have seen other people do.

Remote Notarization Is Also About Privacy

We talk a lot about technology, platforms, credential analysis, identity proofing, and all the mechanics of remote notarization.

But privacy matters too.

Protecting the signer is not just about verifying who they are. It is also about making sure their private information is not unnecessarily disclosed, discussed, or preserved in a recording that has to be kept for a decade.

That is part of being a professional.

That is part of doing the job right.

The Bottom Line

If you are a New York notary, you need to be very careful about what is said and what is shown during a remote notarization session.

Do not assume that a practice you see in another state works here.

Do not assume that because something seems harmless, it is compliant.

And do not let private personal information end up in a recording that should never contain it in the first place.

Know your laws.
Prepare your signer.
Control the session.
Protect their information.

That is part of being a good New York notary.