ID Scanning Laws & Regulations For US States
Click your state to view state-specific legislation related to scanning IDs, identity verification, and biometrics.
We track all 50 U.S. states and Washington D.C. on a quarterly basis, to ensure you always have the most up-to-date information about current and pending legislation in every jurisdiction.
Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | Washington D.C. | West Virginia | Wisconsin | Wyoming
Why Track ID Scanning Laws?
Many states have adopted laws surrounding scanning IDs and/or retaining information stored on an ID or passport. These laws are changing and evolving every year.
Affirmative Defense for ID Scanning
Some states release businesses from the liability of selling alcohol or tobacco to a minor if they perform digital ID scanning.
ID Scanning Consent & Waivers
Some states require that customers be notified before their ID is scanned. Requirements for this waiver or notification vary by jurisdiction.
PII & Data Retention
Many states have laws governing which PII from a scanned ID can be stored, for how long, and for what purpose.
What Types of ID Scanning Laws Do We Track?
Below are a few of the subjects we track to help keep our ID Laws database up to date.
| ID LAWS TRACKED | |||
|---|---|---|---|
| Age verification laws for alcohol, tobacco, gaming, etc. | ✓ | ||
| Age verification laws for online/eCommerce purchase of age-restricted products | ✓ | ||
| ID scanning legality – can you legally scan an ID? For what purpose(s) | ✓ | ||
| PII from an ID scan – what can be stored | ✓ | ||
| Acceptable PII uses (identity verification, credit check, marketing, etc.) | ✓ | ||
| PII retention thresholds | ✓ | ||
| Facial recognition legality – can you use facial recognition or biometrics? | ✓ | ||
| ID scan PII data sharing or selling legality | ✓ | ||
| Identity verification requirements of pawn shops and secondhand sales | ✓ | ||
| Identity verification requirements for sales of controlled substances | ✓ | ||
| Identity verification requirements for notarial services | ✓ | ||
| ID scanning for affirmative defense | ✓ | ||
| Cannabis dispensary/retailer laws pertaining to identity verification | ✓ | ||
| State definitions of “digital ID scanning” or “electronic scanning” | ✓ | ||
| Changes to ID programs including launches of mobile drivers licenses (mDLs) | ✓ |
*IDScan.net is not an attorney. We merely organize and monitor relevant legislation. Consult your attorney to ensure compliance with your state laws.
Relevant Federal Legislation
While there is no federal law directly regulating scanning of IDs, there are federal laws that may be potentially relevant to the practices generally associated with ID scanning because these laws govern issues related to privacy of consumer information.
FTC Safeguard Act for Car Dealerships (effective 6/9/2023)
Consumer Protection Act (effective 5/24/2018)
Drivers Privacy Protection Act
ID Scanning Laws By State | Quarterly Updates
See what’s new in ID and identity verification legislation with our quarterly updates.
ID Scanning Laws Updates – Q2 2023
Summary of Q2 2023 Legislation Relating to ID Scanning or Identity Verification The summer of…
ID Scanning Laws Updates – Q1 2023
Summary of Q1 2023 Legislation Relating to ID Scanning or Identity Verification As the middle…
ID Scanning Laws Updates – Q4 2022
Summary of Q4 2022 Legislation Relating to ID Scanning or Identity Verification The 2023 legislative…
ID Scanning as Affirmative Defense
ID scanning can help your business stay compliant and avoid costly fines and penalties.
Affirmative defense means that a business is off the hook if they perform a specific action. In the case of ID scanning (“electronic scanning” or “digital ID scanning”) state law releases businesses from liability if they are using an ID scanner. This means that the business cannot be sued or responsible for legal damages if they unknowingly sell age restricted products to a minor.
The following states have affirmative defense for ID scanning for some or all types of age restricted purchases.
- Arizona
- Connecticut
- Nevada
- New York
- North Carolina
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- Texas
- Utah
- West Virginia
As of December 2022.
Each state may (or may not) outline their definitions of “digital ID scanning” or “electronic scanning.” There are no system or technology requirements which must be specifically met to qualify as digital scanning.
Relevant ID Scanning Laws for Every Industry
Every industry can benefit from a deep understanding of ID and identity verification laws.
