Alaska ID Scanning Laws & Regulations

Can you scan IDs in Alaska?

Alaska law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan. 

Summary of Alaska 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 and to retain information obtained from a scan, subject to applicable privacy laws. 

There are some instances in which merchants are required to record information related to identity, such as the purchase of scrap metal. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

	Legal age to purchase	Restrictions & Notes
Tobacco	21
Vaping Products	19
Alcohol	21
Cannabis	21	Breastfeeding infants exempt
Scrap Metal	–	Records must be retained for 3 years
Notary Services	–	Requires identity proofing for electronic notary services
Controlled Substances (Pharmaceuticals)	–
Gaming & Casinos	18 (pari-mutuel)	Must be 21 for any of Alaska’s casino cruises

Does Alaska offer affirmative defense for ID scanning?

Alaska does not offer affirmative defense for ID scanning.

REFERENCES

Chapter 45.48 PERSONAL INFORMATION PROTECTION ACT

Section 45.48. 400 prohibits a person from making a SSN available to the public. This section also prohibits a person from requiring a SSN to access products or services, including internet access, and prohibits the printing of a SSN on material mailed to a consumer unless required by state or federal law.

(a) A person who accepts credit cards or debit cards for the transaction of business may not print more than the last four digits of the card number or the expiration date on any receipt or other physical record of the transaction provided at the point of the sale or transaction.

(b) This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.

(c) A person may not sell a device that electronically prints more than the last four digits of a credit card or debit card number or expiration date on a consumer receipt for a business transaction or on a copy retained by a business person for a business transaction.

(d) An individual may bring a civil action in court against a person who knowingly violates (a) of this section and may recover actual economic damages, court costs allowed by the rules of court, and full reasonable attorney fees.

(e) A person who knowingly violates this section is liable to the state for a civil penalty not to exceed $3,000.

Sec. 04.21.050. Proof of age and of not being restricted from purchasing alcoholic beverages

(a) If a licensee or an agent or employee of the licensee questions or has reason to question whether a person entering licensed premises, or ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure alcoholic beverages,

1. has attained the age of 21 years or is entering without consent in violation of AS 04.16.049(a)(3) and has not attained the age of 16 years, that licensee, agent, or employee shall require the person to furnish proof of age acceptable under (b) of this section or proof of consent in a form determined by the board;  if the person questioned does not furnish proof of age acceptable under (b) of this section, or if a licensee, agent, or employee questions or has reason to question the validity of the proof of age furnished, the licensee, employee, or agent shall require the person to sign a statement that the person is over the age of 21 or 16 years, as appropriate;  this statement shall be made on a form prepared by and furnished to the licensee by the board;
2. is restricted from purchasing alcoholic beverages under AS 04.16.160, the licensee, agent, or employee may, but has no duty or obligation to, require the person to furnish proof acceptable under (b) of this section that the person is not restricted from purchasing alcoholic beverages or require the person to sign a statement that the person is not restricted from purchasing alcoholic beverages under AS 04.16.160;  this statement shall be made on a form prepared by and furnished to the licensee by the board.

(b) Except as provided in AS 04.16.160, a valid driver’s license or a valid identification card is acceptable as proof of age or that the person is not restricted from purchasing alcoholic beverages when used for identification in the purchase of alcoholic beverages and for securing entry to and remaining on premises where alcoholic beverages are sold if the license or identification card is made of or encased in plastic and contains a photograph of the licensee or card holder and a statement of age or date of birth.  A licensee, agent, or employee may elect to not accept a passport, military identification card, or other identification as proof that the person is not restricted from purchasing alcoholic beverages and may require the person to furnish a valid driver’s license or state identification card or otherwise furnish proof that the person is not a resident of this state.

(c) A licensee, or an agent or employee of the licensee, may not be charged for a violation of AS 04.16.047—04.16.052 if a signed statement as provided in (a) of this section is secured in good faith, or a valid driver’s license or identification card is presented indicating that the owner and possessor of the presented driver’s license or identification card is 21 or 16 years of age or over or is not restricted from purchasing alcoholic beverages, as appropriate.

AS 08.60 Junk Dealers and Junk Yards Article 02. Scrap Metal Dealer Record Requirements

Sec. 08.60.200. Records required.

(a) A scrap metal dealer shall maintain an accurate paper or electronic record of each in-person transaction in which the dealer purchases scrap metal for $100 or more from another person.

(b) The record of a transaction must include

1. the date, time, location, and value of the scrap metal purchased;
2. the name of the dealer’s employee or agent handling the transaction;
3. the name, address, and telephone number of the person from whom the dealer purchased the scrap metal;
4. a description, including the license plate information, of a motor vehicle used to deliver the scrap metal to the dealer;
5. if the person who sells scrap metal to the dealer is an individual, the number of the individual’s driver’s license, the number of the individual’s government-issued identification document that contains a picture, or a copy of the individual’s government-issued identification document that contains a picture;
6. if the person who sells scrap metal to the dealer is an organization, the number of the person’s state business license issued under AS 43.70.020 ;
7. a description, including weight and quantity, of the scrap metal purchased by the dealer; the scrap metal dealer shall determine the weight by using a scale that complies with the state standards of weight and measure established under AS 45.75; and
8. the signed statement required by AS 08.60.210 .

Alaska AS 40.17.020. Relating to electronic notarial services.

The notary public has
(A) personal knowledge of the identity of the individual;

(B) obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under AS 44.50.062(5)(A); or

(C) obtained satisfactory evidence of the identity of the remotely located individual by using

(i) a government-issued identification card;

(ii) a credential analysis of the identification card described in (i) of this subparagraph; in this sub-subparagraph,

“credential analysis” means a form of identity proofing by which a third person affirms the accuracy of a government-issued identification card; and

(iii) at least one type of identity proofing;

(2) the notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;

AS § 45-48.010 Disclosure of Security Breach

House Bill 65 was passed by the Legislature during the 2007-2008 session, and became law on July 1, 2009.  It is found in the Alaska Statutes at AS 45.48. The law provides several protections for personal information, including:

1. a notice requirement when a breach of security concerning personal information has occurred;
2. the ability to place a security freeze on a consumer credit report;
3. various restrictions on the use of personal information and credit information;
4. the disposal of records containing personal information;
5. allowing a victim of identity theft to petition the court for a determination of factual innocence; and
6. truncation of credit card information.