ID Scanning Laws By State | Affirmative Defense & Privacy

Your source for state and federal laws regarding ID scanning and identity authentication.

What Types of ID Scanning Laws Do We Track?

Here are some of the topics we monitor to ensure the accuracy of our ID Laws database.

Age verification laws for alcohol, tobacco, gaming, etc.
Age verification laws for online/eCommerce purchase of age-restricted products
ID scanning legality – can you legally scan an ID? For what purpose(s)
PII from an ID scan – what can be stored
Acceptable PII uses (identity verification, credit check, marketing, etc.)
PII retention thresholds
Facial recognition legality – can you use facial recognition or biometrics?
ID scan PII data sharing or selling legality
Identity verification requirements of pawn shops and secondhand sales
Identity verification requirements for sales of controlled substances
Identity verification requirements for notarial services
ID scanning for affirmative defense
Cannabis dispensary/retailer laws pertaining to identity verification
State definitions of “digital ID scanning” or “electronic scanning”
Changes to ID programs including launches of mobile drivers licenses (mDLs)

*IDScan.Net is not an attorney. We merely organize and monitor relevant legislation. Consult your attorney to ensure compliance with your state laws.

Why Track ID Scanning Laws?

Each year, these regulations are constantly shifting and developing. Numerous states have embraced legislations regarding the scanning of identification cards and/or the preservation of data stored on an identification card or passport.

Affirmative Defense for ID Scanning

Certain states exempt businesses from the responsibility of selling alcohol or tobacco to a minor if they conduct digital identification scanning.

ID Scanning Consent & Waivers

Some states require that customers be informed in advance before their identification is scanned. The requirements for this exception or notification vary depending on the jurisdiction.

PII & Data Retention

Many states have rules governing the storage of specific personal information (PII) from a scanned ID card, including how long it can be kept and how it can be used.

ID Scanning as Affirmative Defense

Utilizing ID scanning can assist your business in maintaining compliance and avoiding expensive fines and penalties.

What is affirmative defense for ID scanning?

If a business accidentally sells age-restricted items to a minor, they cannot be held liable or accountable for any legal consequences. According to state law, businesses are exempt from responsibility if they utilize an ID scanner, particularly in the case of electronic or digital ID scanning. By taking a specific course of action, a business can evade any legal repercussions through affirmative defense.

Which states have affirmative defense for ID scanning?

Some or all of these states have a legal excuse for scanning IDs when making age-restricted purchases.

  • Arizona.
  • Connecticut.
  • Nevada.
  • New York.
  • North Carolina.
  • Ohio.
  • Oregon.
  • Pennsylvania.
  • Rhode Island.
  • Texas.
  • Utah.
  • West Virginia.
  • By December 2022.

    What are the requirements for affirmative defense for ID scanning?

    In order to be classified as digital scanning, there are no particular system or technology prerequisites that need to be fulfilled. Each state may (or may not) delineate their interpretations of “digital ID scanning” or “electronic scanning.”

    ID Scanning Laws & Regulations For US States

    Select your state to access state-specific laws regarding the scanning of identification cards, verification of identity, and the use of biometric technology.

    The states included in the list are: District of Columbia, Wyoming, Wisconsin, West Virginia., Washington, Virginia, Vermont, Utah., Texas., Tennessee, South Dakota, South Carolina, Rhode Island., Pennsylvania., Oregon., Oklahoma, Ohio., North Dakota, North Carolina., New York., New Mexico, New Jersey, New Hampshire, Nevada., Nebraska, Montana, Missouri, Mississippi, Minnesota, Michigan, Massachusetts, Maryland, Maine, Louisiana, Kentucky, Kansas, Iowa, Indiana, Illinois, Idaho, Hawaii, Georgia, Florida, Delaware, Connecticut., Colorado, California, Arkansas, Arizona., Alaska, and Alabama.

    We track all 50 U.S. states and Washington D.C. on a quarterly basis, to ensure you always have the most up-to-date information about current and pending legislation in every jurisdiction.

    The states in alphabetical order are Alabama, Alaska, Arizona., Arkansas, California, Colorado, Connecticut., Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada., New Hampshire, New Jersey, New Mexico, New York., North Carolina., North Dakota, Ohio., Oklahoma, Oregon., Pennsylvania., Rhode Island., South Carolina, South Dakota, Tennessee, Texas., Utah., Vermont, Virginia, Washington, Washington D.C., West Virginia., Wisconsin, and Wyoming.

    ID Scanning Laws By State | Quarterly Updates

    Stay updated on the latest developments in ID and identity verification legislation with our quarterly updates.

    ID Scanning Laws Updates – Q1 2023

    Overview of Legislation in the First Quarter of 2023 Regarding ID Scanning or Identity Verification In the midst

    ID Scanning Laws Updates – Q4 2022

    9th February 2023.

    For specific transactions, more rigorous verification processes for online accounts, and penalties for individuals convicted of identity theft. The legislation also emphasized the significance of safeguarding personal data and ensuring privacy rights for individuals. Overall, the Q4 2022 legislation focused on strengthening identity verification systems and protecting sensitive information.

    ID Scanning Laws Updates – Q3 2022

    November 29th, 2022.

    The legislative summary for Q3 2022 regarding ID scanning or identity verification includes information on the new laws and regulations.

    Relevant ID Scanning Laws for Every Industry