Which states can you not scan IDs?
Currently New Hampshire is the only state in which IDs may not be scanned for any reason.
As of 2023, Maryland has pending (but stalled) legislation that would restrict or limit a business’s right to scan IDs.
When is ID scanning recommended?
Many states require that businesses photocopy an ID, or record all ID information for transactions such as sale of secondhand goods (pawn), sale of precursor products, and notarial services (among others). ID scanning can greatly streamline these types of transactions by immediately capturing all ID data and a photo of the ID.
Do I have to inform customers that their ID is being scanned?
Consent laws vary by state. You likely need to add a consent or notification waiver before using their biometric information (facial template, fingerprint, etc.) but typically do not need to inform them before you scan their ID. Check your state’s regulations to confirm.
Which states allow a digital drivers license?
As of October 2023, the following states have announced plans to launch a mobile drivers license:
California, Connecticut, Kentucky, Hawaii, Indiana, New York, North Carolina, Ohio, Pennsylvania, and Virginia as well as Washington D.C. and Puerto Rico.
How long can data from a scanned ID be retained?
PII retention time frames very by state and sometimes by industry. You will need to fully read the ID laws for your states to determine how long you must retain data from a scanned ID.
Are there states which require ID scanning?
Several states require ID scanning in particular instances. Nevada and several other states require electronic scanning before the sale of cannabis products. Utah requires ID scanning (and creation of audit logs) before alcohol can be sold. Many more states have these types of laws under consideration.