Can you scan IDs in Georgia?

Georgia has a statute that governs issues associated with a business’s practice of scanning IDs. Georgia requires that a customer give consent before their identification is scanned.

There are some instances in which merchants are required to record information related to identity, such as sale of controlled substances and scrap metal recycling. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Overview of Georgia ID Scanning Laws

A review of the Georgia legislation included the Official Code of Georgia Annotated, § 40-5-12 0 which makes it a criminal offense to “[s]can another person’s driver’s license, permit, or identification card without the person’s prior knowledge and consent.  If a person consents to the scanning of his or her driver’s license, permit, or identification card, the information collected may be stored and used for any legitimate purpose.” Therefore, so long as it is with the individual’s prior knowledge and consent, there is no prohibition of the scanning of driver’s licenses by a business.

Georgia Code O.C.G.A.  § 40-5-120   (2012) § 40-5-120.  Unlawful use of license or identification card

It is a misdemeanor for any person to:

(5) Scan another person’s driver’s license, permit, or identification card without the person’s prior knowledge and consent. If a person consents to the scanning of his or her driver’s license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each unlawful act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver’s license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose.

Georgia HB249. Controlled substances; collect more information regarding dispensing and use; provisions

For purposes of the program established pursuant to Code Section 16-13-57 PDMP, each dispenser shall submit to the agency department by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance or purposes of the program established pursuant to Code Section 16-13-57 PDMP, each dispenser shall submit to the agency department by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance.

The information submitted for each prescription shall include at a minimum, but shall not be limited to:

1. DEA permit number or approved dispenser facility controlled substance identification number;
2. Date the prescription was dispensed
3. Prescription serial number
4. If the prescription is new or a refill;
5. National Drug Code (NDC) for drug dispensed;
6. Quantity and strength dispensed;
7. Number of days supply of the drug;
8. Patient’s name;
9. Patient’s address;
10. Patient’s date of birth;
11. Patient gender;
12. Method of payment;
13. Approved prescriber identification number or prescriber’s DEA permit number;
14. Date the prescription was issued by the prescriber; and
15. Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency department.

Authorizes the retention of prescription data base information for two years. The law also provides for delegates of prescribers and dispensers to access data base information under certain conditions.

Georgia HB 910. Relating to material harmful to minors and age verification

A bill to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to create a civil remedy for damages against commercial entities that distribute material harmful to minors without performing age verification; to require that age verification information not be retained; to provide for standards for liability; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Georgia HB461, Relating to Secondary Metal Recyclers

Personal identification card’ means a current and unexpired driver’s license or
identification card issued by the Department of Driver Services or a similar card issued
by another state, a military identification card, or a current work authorization issued by
the federal government, which shall contain the individual’s name, address, and
photograph.

(a) A Except as provided in subsection (c), a secondary metals recycler shall maintain a
legible record of all purchase transactions. Such record shall include the following
information:

• A scanned or photocopied copy of a valid personal identification card of the seller and of the deliverer, if such person is different from the seller;
• The type of and distinctive number from the personal identification card of the seller and of the deliverer, if such person is different from the seller;
• The name and date of birth of the seller and of the deliverer, if such person is different from the seller;