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Posted by Annette_CA on 10/4/06 10:55am
Msg #150145

GLBA

I have contacted NNA (they said that this was generated by the Title companies), the CA Sec of State, and the National Ombudsman.

I have completed reading GBLA (http://banking.senate.gov/conf/confrpt.htm).

It appears that the pertinent section for Notaries is TITLE V—PRIVACY Subtitle A—Disclosure of Nonpublic Personal Information.

Please read this yourselves, Title 5 is only 36 pages (text covers less that 1/2 of each page). Also please read the Table of Contents to satisfy yourselves that those sections do not apply to us.

It also appears that we could be considered "Service Providers". Nowhere in there does it say ANYTHING about background checks. Further, Title 5 speaks to the consumer being provided a method to "opt-out" of sharing their personal private information.

It seems to me that if these Title companies want to protect themselves they can include a form that Notaries can sign stating they understand that we are to protect the consumer's information and failing to do that can result in criminal action.

Why do I have an image of some NNA bigwig playing golf with their peers in the Title Industry and dreaming up this outlandish requirement.

My State already performs a criminal background check (NNA so far has refused to divulge what they check) and if you fail you don't get a commission. It isn't that I mind the check, I had a Top Secret clearance in the Navy (my life is an open book), it is my belief that NNA is trolling for dollars again that peeves me. So, until I hear otherwise I will let my NNA membership lapse and join a different organization.



Reply by SanDiegoCA on 10/4/06 2:52pm
Msg #150275

That's an interesting opinion Anntte, and you may be correct, of course.

But what will an attorney who specializes in these issues say?



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