Can you scan an ID in Maine?
Maine law does not regulate a business’s practice of scanning IDs, however, the storage of personal data is questionable, and a decision to be made by the business.
There are some instances in which merchants are required to record information related to identity, such as sale scrap metal. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
Is facial recognition legal in Maine?
As of October 1, 2021, there is a statewide ban on public and government use (including law enforcement) of facial recognition technology in Maine. The law does not regulate use of facial recognition technology by private businesses.
Overview of Maine ID Scanning Laws
In the absence of any statute governing issues associated with a business’s practice of scanning IDs, a business is likely allowed to scan IDs, but data retention is questionable, subject to applicable privacy laws.
May 17, 2019: When asked if businesses need permission to scan our IDs.
“That’s a policy question for the business,” said Matt Dunlap, Secretary of State.
In Maine, businesses can scan an ID. By law though, businesses cannot save the data to build a customer database.
“The law explicitly forbids copying a license which is essentially what that would be,” explained Dunlap. “This is something that the legislature struggled with a little bit because people make copies of licenses to close a mortgage, rent a car, etc. and they’ve been doing some work on that but the basic premise of the statute is to protect the privacy of the driver.”
Does Maine offer affirmative defense for ID scanning?
No. There may be limited access to affirmative defense for tobacco sales.
A minor may not:
D. Present or offer to a licensee, the licensee’s agent or employee any written or oral evidence of age that is false, fraudulent or not actually the minor’s own, for the purpose of:
(1) Ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving of any liquor or imitation liquor. The following penalties apply to violations of this subparagraph.
(a) A minor who violates this subparagraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(b) A minor who violates this subparagraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which must be suspended except as provided in subsection 2, paragraph B.
(c) A minor who violates this subparagraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B;
1. Retail sales. Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified. For direct, face-to-face sales, employees who sell tobacco products must be at least 17 years of age. An employee who is 17 years of age or older and under 21 years of age may sell tobacco products only in the presence of an employee who is 21 years of age or older and is in a supervisory capacity.
2. Sales to persons who have not attained 21 years of age prohibited. A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person who has not attained 21 years of age, unless the person has attained 18 years of age as of July 1, 2018. Tobacco products may not be sold at retail to any person who has not attained 30 years of age unless the seller first verifies that person’s age by means of reliable photographic identification containing the person’s date of birth. That a person appeared to be 30 years of age or older does not constitute a defense to a violation of this section.
5-C. Use of false identification by persons who have not attained 21 years of age prohibited. A person who has not attained 21 years of age may not:
A. Offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use a tobacco product; [PL 2017, c. 308, §6 (AMD).]
B. Violate paragraph A after having previously violated this subsection; or [PL 2003, c. 452, Pt. K, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
10. Affirmative defense. It is an affirmative defense to prosecution for a violation of subsection 1, 2 or 4 that the defendant sold, furnished, gave away or offered to sell, furnish or give away a tobacco product in violation of subsection 5‑A in reasonable reliance upon a fraudulent proof of age presented by the purchaser.
3. Information required. The record of each scrap metal purchase transaction required under subsection 1 must be on a form prescribed by the Commissioner of Public Safety and contain the following information:
A. The name, address and gender of the seller. The scrap metal processor shall require the seller to provide proof of identification with a driver’s license, military identification card, passport or other form of government-issued photo identification. The scrap metal processor shall photocopy the form of photo identification presented and record the distinct identifying number of that photo identification. If the proof of identification contains a photograph that is faded, out of date or otherwise indiscernible, the scrap metal processor shall photograph the seller. A scrap metal processor shall keep these proof of identification records in a secure, nonpublic location and, unless otherwise permitted by law, may not publish, reproduce, distribute or disclose these records for any other purpose than that described in section 3773, subsection 2. Information required under this paragraph may be maintained for repeat sellers in a relational database that allows the scrap metal processor to record the information one time and relate future purchase records to that information; [PL 2011, c. 545, §4 (AMD).]
B. The date of the scrap metal purchase transaction; [PL 2007, c. 549, §1 (NEW).]
C. A general description of the predominant types of scrap metal purchased, which must be made in accordance with the custom of the trade; [PL 2007, c. 549, §1 (NEW).]
D. A general description of the configuration of the scrap metal and whether the material is insulated; [PL 2007, c. 549, §1 (NEW).]
E. The weight, quantity or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased; [PL 2007, c. 549, §1 (NEW).]
F. The consideration paid; [PL 2011, c. 545, §5 (AMD).]
G. A signed statement that the seller is the owner or is otherwise authorized to sell the scrap metal on a form provided by the buyer that conspicuously bears the warning that making a false statement is a Class D crime under Title 17‑A, section 453; and [PL 2011, c. 545, §6 (AMD).]
H. The make, model and number and state of issue of the license plate of the vehicle being used to deliver the scrap metal.