Overview of Colorado ID scanning laws
Colorado has 4 laws which we consider relevant to ID verification, in addition to other laws which may related to age verification, identity verification, KYC, privacy, and biometrics.
Can you scan IDs in Colorado?
Yes. There are no laws prohibiting or regulating the electronic scanning of an ID in Colorado.
There are some instances in which merchants are required to record information related to identity, such as notarial services. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
Can you save data from a scanned ID in Colorado?
Yes. There are no current laws which limit or restrict saving data from a scanned ID in Colorado.
Does Colorado offer affirmative defense for ID scanning?
Yes. Colorado has affirmative defense laws related to ID scanning for liquor sales. According to Colorado Regulation, the use of a biometric identity verification device establishes an affirmative defense for alcohol sales.
What types of IDs does Colorado issue?
Colorado issues drivers licenses and state IDs, including REAL ID. Colorado also offers a mobile drivers license (mDL), available in Apple Wallet, Samsung Wallet, Google Wallet, and the myColorado app.
Individual Colorado ID verification laws
Age verification for alcohol sales
Colorado requires that businesses verify age, but does not require electronic scanning or verification for alcohol sales.
Age verification for dispensaries
Colorado requires dispensary customers to show government-issued ID before entering a dispensary. For delivery, dispensaries must record the customer’s name, date of birth, and ID number.
Biometric scanning for alcohol sales
Colorado law allows biometric identity verification devices to be used for identity and age verification for alcohol sales.
ID scanning for notaries
Colorado requires notaries maintain a journal chronicling all notarial acts performed, including the individual’s full name, address, and description of identification credential presented.
Data privacy laws in Colorado
Colorado SB21-190 specifies how controllers fulfill duties regarding consumers’ assertion of their rights, transparency, purpose specification, data minimization, avoiding secondary use, care, avoiding unlawful discrimination, and sensitive data. This bill also requires controllers to conduct a data protection assessment for each of their processing activities involving personal data. It does not apply to state and local governments or state higher education institutions.
