US Code Title 18 contains information about when, where, and why information from a scanned ID may be closed. Title 18 is the primary body of federal criminal law and outlines actions that are considered crimes. ID scanning regulations are included in Part 1 of Title 18.
Title 18, Part 1, Chapter 123, § 2721 refers to release and use of personal information and State motor vehicle records. So while it doesn’t pertain directly to “ID scanning” it is very adjacent since all information stored on an ID is considered personal information and state motor vehicle record data.
When is it permissible to disclose data from a scanned ID according to Title 18, Part 1, Chapter 123, § 2721?
- Any use by a government agency
- Any use by law enforcement
- Any use by a court of law
- Any use by a contractor hired by a government agency, law enforcement, or court of law
- Any use which is intended to prevent motor vehicle theft
- Any use which is intended to ensure motor vehicle safety
- In uses related to motor vehicle or parts recalls
- In uses related to motor vehicle market research including surveys
- To verify the accuracy of personal information
- To obtain personal information to prevent fraud
- To obtain personal information to pursue legal against the individual
- To obtain personal information to security a guarantee or security against the individual
- For use in gathering statistical data, as long as no PII or individually identifying information is shared or published
- Any use by an insurance agency to support anti-fraud, claims investigation, or underwriting activities
- Any use in providing notice to owners of towed/impounded vehicles
- To verify that an individual holds a commercial drivers license
- Any use related to operation of a toll or private transportation facility
How does Title 18, Part 1, Chapter 123, § 2721 change if a business has gained consent before scanning the ID?
If the business has obtained written consent from the ID holder, they may use the information for any request.
