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ID scanning laws updates | Q1 2022

Justice scales next to updates on state ID laws

Last updated on October 4th, 2023 at 02:02 pm

Summary of Q1 2022 legislation relating to ID scanning or identity verification

As the middle of 2022 approaches, many state legislatures have concluded their 2021 sessions while others continue to be active.

Bills relating to data privacy were introduced or passed in several states such as Virginia, Utah, and Massachusetts.

Notably, New Hampshire, who has historically outlawed ID scanning has introduced legislation that would legalize ID scanning. In contrast, Maryland has introduced legislation to outlaw ID scanning, though as of Q3 2023 that legislation has not progressed in the chambers.

Florida H0199 – ID presentation for gun sales

Florida H0199 Would require licensed gun dealers to present his or her driver’s license or social security card and federal firearms license to the seller or transferor of an assault weapon or large-capacity magazine for inspection at the time of purchase or transfer; would require the Department of Law Enforcement to maintain a file of all certificates of transfer at its headquarters.

Died in Criminal Justice & Public Safety Subcommittee, 03/14/2022

Georgia S332 – Disclosures by third party high-volume sellers of consumer products

Georgia Bill S332 elating to selling and other trade practices, to provide for certain disclosures by third-party high-volume sellers of consumer products on online marketplaces.

An online marketplace shall require any high-volume third-party seller on its platform to provide, not later than ten days after qualifying as such, the following information to the online marketplace:

(1) A bank account number or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller. This information may be provided by the high-volume third-party seller to the online marketplace or to a third party contracted by the online marketplace to maintain such information; provided, however, that the online marketplace ensures that it can obtain such information on demand from the third party;

Contact information, which shall include:

  • (A) If the high-volume third-party seller is an individual, such individual’s name; or
  • (B) If the high-volume third-party seller is not an individual, then:
  • (i) A copy of a valid government issued identification for an individual acting on behalf of such seller that includes the individual’s name; or
  • (ii) A copy of a valid government issued record or tax document that includes the business name and physical address of the high-volume third-party seller;

Senate Sent to Governor, 04/07/2022

Hawaii H2051 – To establish the Hawaii Consumer Privacy Act

Would establish the Hawaii consumer privacy act. Specifies various consumer rights with respect to the collection of personal information by businesses. Outlines the obligations on businesses with respect to the collection, disclosure, sharing, and selling of consumer personal information. Specifies the requirements for administration and enforcement by the department, including adoption of rules.

Referred to the House Higher Education and Technology and Finance Committees, 02/02/2022

Hawaii S 2032 – To establish the Hawaii Genetic Privacy Act

Would establish the Hawaii Genetic Information Privacy Act. Requires direct-to-consumer genetic testing companies to adhere to certain requirements pertaining to the collection, use, and disclosure of genetic data.  Deems any violation as an unfair or deceptive trade practice subject to associated penalties.

House Conferees Appointed, 04/20/2022

Hawaii S 2292 – To change the definition of “personal information”

Would modernize  the definition of “personal information” for the purposes of notifying affected persons of data and security breaches.

Illinois H 4692 & S 3782 – Would change biometric consent laws

Would provide that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection.

Would waive certain requirements for collecting, capturing, or otherwise obtaining a person’s biometric identifier or biometric information under certain circumstances relating to security purposes.

Added Chief Co-Sponsor, 04/07/2022

Illinois S3939 – To add cybersecurity protections for data modification

Would modify the exemptions from inspection and copying public records concerning cybersecurity vulnerabilities.

Passed Both Houses, 04/01/2022

Iowa S 3053 – Requiring enhanced tracking for kegs of beer

Would require liquor licensees to keep a record of the identification label of each keg of beer sold with the name and address of the purchaser and the number of the purchaser’s driver’s license. 

Subcommittee Recommends Passage, 02/10/2022

Kansas H2731 – Concerning consumer protection relating to online third-party marketplaces

Would require online marketplaces to obtain certain information from, and to require the disclosure of certain information by, third parties that sell products on their platforms.

Economic Development Recommends Bill Passage, 03/18/2022

Louisiana S 305 – Website information disclosure

Would provide for the disclosure of certain information on websites and online services.

Referred to  Committee on Commerce, 04/18/2022

Maryland H 259 – Regulation of biometric identifiers

Would regulate the use of biometric identifiers by private entities, including requiring certain private entities in possession of biometric identifiers to develop a policy for such use, made available to the public.

Referred to Finance, 03/21/2022

Maryland S712 – Prohibition of ID scanning

Would prohibit a person from using a scanning device to scan or swipe an identification card or a driver’s license of an individual to obtain the personal information of the individual.

Referred to Finance, 03/21/2022

Massachusetts H142 – To establish the Massachusetts Information Privacy Act

Mississippi H1376 – An act to create the Mississippi Consumer Privacy Act

Would establish penalties for improper use of personal information.

New Hampshire S311 – allowance of drivers license scanning

Relates to access to drivers’ license information for legitimate business purposes. Would allow the scanning, recording, and retaining or storing of information obtained from any driver’s license or nondriver’s identification card provided that such practice was expressly disclosed to the holder. 

New York A 00680 – To establish the New York Privacy Act

Would enact the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing, and to allow consumers to obtain the names of all entities with whom their information is shared.

Would enact the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared.

Recommitted to Consumer Affairs and Protection, 01/07/2022

New York A 00680 – To establish the Its Your Data Act

Would establish the “It’s Your Data Act” for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information.

Committed to Internet and Technology, 02/08/2022

Pennsylvania H1594 – Consumer information collection for eCommerce

Would  provide online marketplaces to inform consumers regarding the collection, verification and disclosure of information.

Would  require online marketplaces to inform consumers regarding  the collection, verification, and  disclosure of information.

Utah S 227 – To establish the Utah Consumer Privacy Act

Enacts the Consumer Privacy Act.  Grants a consumer the right to confirm processing of their personal data  and to have access to that data. Additionally, the consumer has the option to opt out of the processing of their personal data if it is being processed for targeted advertising or sale. Amends Code Section 13-2-1Enacts Code Sections 13-61-101 through 13-61-404,

Virginia S 393 – Personal data controls

Would provide for the requirements that a controller that has obtained personal data about a consumer from a third party must meet in order to be deemed in compliance with a consumer’s request to delete such data.

Vetoed by Governor, 04/11/2022

Conclusion

Statewide legislation around privacy continues to be passed in states around the country.