A notary receives a legal request for records. What is the proper basis for disclosure?

• A. The request should be ignored unless the notary is paid.
• B. Disclose only when required by proper process or by law.
• C. Disclose is at the notary's discretion.
• D. Disclose is allowed to any organization with an interest.

Answer: (C)

Notaries should disclose records only when there is proper legal authority. A legal request for records, such as a subpoena or court order, creates a duty to disclose within the limits specified by that process. The notary’s role is to protect confidential information and to comply strictly with the scope of what the law or the formal process requires. If there is no valid legal basis, or the request isn’t properly documented, the notary should withhold disclosure and seek guidance. Disclosing at the notary’s discretion or to anyone who shows interest would violate the responsibility to safeguard records and could lead to liability.