Overview of Alabama ID Scanning Laws
Can you scan an ID in Alabama?
Yes.
Can you store the information from a scanned ID in Alabama?
Yes. Alabama law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
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 and retain information obtained from a scan, subject to applicable privacy laws.
Does Alabama offer affirmative defense for ID scanning?
No, Alabama does not offer affirmative defense for ID scanning.
Which businesses in Alabama should scan IDs?
No business type in Alabama is required to scan IDs. However, several types of Alabama businesses will see improved workflow efficiency by choosing to electronically scan IDs.
- Alabama scrap metal recyclers may choose to scan IDs to more efficiently maintain compliance with record-keeping regulations.
- Businesses selling tobacco products, including cigarettes, e-cigarettes, and vapes, may benefit from scanning IDs to ensure each purchaser’s age is verified using an approved form of identification.
- Businesses selling alcohol to verify age and ensure the ID is legitimate.
- Body art shops ensuring compliant record-keeping, especially those tattooing minors with parental consent.
Alcohol Regulations
Summary
It is illegal for businesses to sell or provide alcoholic beverages to anyone without verifying age using a government-issued ID. The state can convict retailers if they don’t recognize a fake ID and sell alcohol as a result.
Operation of Licensed Premises: Minors
Code of Alabama, 1975, §§28-3-49; 28-3A25(a)(3)
It is unlawful to sell, furnish, give, or purchase alcoholic beverages for any minor.
It is unlawful for a licensee, employee or agent thereof to accept any proof of age from a person purchasing or attempting to purchase alcoholic beverages, except for the following:
- A valid driver’s license of any state.
- A valid United States Uniformed Service Identification.
- A valid passport.
- A valid identification issued by any agency of a state for the purpose of identification, bearing a photograph and date of birth of the individual in question.
Operation of Licensed Premises
Code of Alabama, 1975, §§28-3-2; 28-3-19; 28-3-49; 28-3A-23; 28-3A-25.; 28-3A-6.1; 28-3A-6.2
Upon delivery of beer and/or wine to a customer’s vehicle, an employee of the retail beer and/or wine licensee must verify that the recipient is 21 years of age or older by reviewing an allowable form of identification listed in 20-X-6-.09(d).
Tobacco and Nicotine Regulations
Summary
Alabama retailers are required to verify the age of tobacco product purchasers using a government-issued drivers license, ID, passport, or military ID. However, they are not required to scan IDs or use electronic ID readers.
Regarding ID checks before sale of tobacco products
This bill prohibits distribution of tobacco products to minors, requires that proof of age be checked upon purchase of tobacco products, and removes all tobacco products in retail settings from public access.
Proof of identification is outlined as “Any one or more of the following documents for purposes of determining the age of a person purchasing, attempting to purchase, or receiving tobacco or tobacco products:
a. A valid driver’s license issued by any state and bearing the photograph of the presenting person.
b. United States Uniform Service Identification.
c. A valid passport.
d. A valid identification card issued by any state agency for the purpose of identification and bearing the photograph and date of birth of the presenting individual.”
Tattoo and Body Art Regulations
Summary
Body art facilities are required to keep records of all procedures which include client name, date of birth, and address. Minors can be tattooed with parental consent and a photocopy of the parent or legal guardian’s photo ID must be retained permanently.
Records Retention
Section 22-17A-7, Code of Alabama, 1975. 420-3-23-.07
Client records required – The body art facility shall keep a record of all persons who have had body art procedures performed. The record shall include the name, date of birth, and address of the client, the date of the procedure, name of operator who performed the procedure(s), type and locations of procedure(s) performed, signature of client and if the client is a minor, proof of parental or guardian consent, that is, signature.
Record retention time – Such records, any release forms, and all materials signed by the client, shall be retained permanently and made available to the Department upon request. The records for the previous three years shall be kept on the premises of the body art facility; records older than three years may be kept offsite, within the county wherein the facility is located, provided they are readily accessible upon request of the Department. The Department and the body art facility shall keep such records confidential.
Tattooing Minors
Section 22-17A-7, Code of Alabama, 1975. 420-3-23-.03
The parent or legal guardian of the minor shall execute the written informed consent required in this rule in the presence of the individual performing the body art procedure on the minor, or in the presence of an employee or agent of that individual. A photocopy of the parent or legal guardian’s government issued photo identification shall be obtained prior to the commencing of any body art procedure and shall be retained by the facility as permanent record.
Pornography Regulations
Summary
As of October 1, 2024 distributors of sexual material are required to verify users are 18 years of age or older before accessing explicit content.
Age verification for pornography websites
This bill requires commercial distributors of sexual material harmful to minors to utilize age-verification software or programs to ensure their published material is not distributed to minors and would provide penalties for a violation, prohibits the retention of any personally identifying information obtained in the use of online age-verification methods, and requires distributors of sexual material harmful to minors to publish notices of the dangers of pornography on their online platforms.
This bill defines an “adult website” as a website, application, or digital or virtual platform that uses the Internet to facilitate the dissemination of pictures, videos, or other content, a substantial portion of which is sexual material harmful to minors.
The bill defines a “reasonable age verification method” as any commercially available software, application, program, or methodology that, when enabled, provides reasonable assurances that any individual accessing certain published material is 18 years of age or older.
Scrap Metals
Summary
Secondary metal recyclers are required to keep records of transactions which must include a photo of the seller’s ID, as well as transaction information and information about the recycler. These records must be stored for at least one year after the transaction date.
Regarding Secondary Metal Recycling
Record of Purchases
(a) A secondary metals recycler shall maintain a legible record of all purchase transactions of ferrous or nonferrous metals to which the secondary metals recycler is a party. The record shall include all of the following information:
(1) The name and address of the secondary metals recycler.
(2) The name or identification of the employee responsible for making the purchase on behalf of the secondary metals recycler.
(3) The date and time of the transaction.
(4) The weight, quantity, or volume and a description of the type of metal property purchased in a purchase transaction. For purposes of this subdivision, the term “type of metal property” shall include a general physical description, such as wire, tubing, extrusions, or casting.
(5) The amount of consideration given in a purchase transaction for the metal property.
(6) A signed statement from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the metal property or is authorized to sell the metal property being sold.
(7) The name and address of the person delivering the metal property to the secondary metals recycler.
(8) A photocopy or scanned copy of the personal identification card of the person delivering the metal property to the secondary metals recycler, including the distinctive number from, and type of, the personal identification card of the person delivering the metal property to the secondary metals recycler.
(9) The vehicle license tag number and state of issue, or the vehicle identification number if no vehicle license tag is available, and the type of vehicle used to deliver the metal property to the secondary metals recycler. For purposes of this subdivision, the term “type of vehicle” shall mean an automobile, pickup truck, van, or truck.
(10) A digital photograph or video recording of the person delivering or receiving consideration for the metal property delivered to the secondary metals recycler in which the person’s facial features are clearly visible and a photograph or video recording of the metal property as delivered or sold in which the type of metal property is identifiable. The time and date shall be digitally recorded on the photograph or video recording.
(b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) for not less than one year from the date of the purchase transaction.
(c) Any person who intentionally violates the requirements of subsections (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.
(d) It shall be unlawful for any person to give false information and receive money or other consideration from a secondary metals recycler in return for metal property. Any person in violation of this subsection shall be guilty of a Class C felony.
