Can you scan IDs in Delaware?

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

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

Overview of Delaware ID Scanning Laws

In the absence of any Delaware 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. 

Does Delaware offer affirmative defense for ID scanning?

Yes. Delaware Code references affirmative defense for alcohol sales.

Delaware Code, Chapter 9. Alcoholic Liquors. § 904. Offenses Concerning Certain Persons.

(a) (1) Whoever sells any alcoholic liquor to any person who has not reached the age of 21 years, or sells to any person of more than such age any alcoholic liquor knowing that such alcoholic liquor is bought for a person who is less than 21 years of age and is to be drunk by the latter, shall, in addition to the payment of costs, be fined not less than $250 nor more than $500 and, on failure to pay such fine and costs, shall be imprisoned for 30 days.

(2) In any prosecution for an offense under this subsection, it shall be an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 21 years of age or older.

(b) Any person under the age of 21 years who knowingly makes false statement to any person engaged in the sale of alcoholic liquor for the purpose of obtaining the same and to the effect that he is 21 years of age or older, shall, in addition to the payment of costs, be fined for the first offense, not less than $100 nor more than $500, and on failure to pay such fine and costs, shall be imprisoned for 30 days, and for each subsequent like offense, shall be fined not less than $500 nor more than $1,000, and on failure to pay such fine and costs shall be imprisoned for 60 days.

Delaware Senate Bill No. 166. Relating to Alcoholic Liquors

(1) Notwithstanding any law, regulation, or rule to the contrary, any restaurant, brewpub, tavern, or taproom, or other entity with a valid on-premise license issued pursuant to subchapter II of Chapter 5 of this title may sell alcoholic liquors in transactions for take-out, curbside, drive through, or delivery service. No person shall provide alcoholic beverage delivery services unless such person or business entity holds a third-party delivery license. Upon proper application, the Commissioner may grant a third-party delivery license to provide alcoholic liquor delivery services to customers so long as the person or business entity is also registered to do business in this State. The Commissioner shall not grant a third party delivery license to a person or entity that also holds an on-premise license. Delivery  service must  be   made   by   a  licensed  third   party vendor,   or   such   third  party’s   employee   or   independent   contractor,   provided  that  the  on-premise  licensee  has   entered   into   a   written   agreement  with  a  licensed  third   party  delivery vendor  that   authorizes   the   third   party vendor, or  such   third   party vendor’s   employee   or   independent  contractor,   to   deliver   alcoholic   liquors   on   behalf   of   the  on-premise licensee. The licensed third party vendor may not include an entity whose business is primarily the interstate shipment of goods.

(2)   For alcohol delivery: It must be delivered by a licensed third-party vendor, or such licensed  third- party vendor’s employee or  independent  contractor, who is  at least 21 years of age, and has been  provided a program of learning content related to the responsible delivery of alcoholic beverages that has been approved by the Commissioner. A third-party delivery vendor’s program shall address the following topics: (i) age requirements for possessing, purchasing, and consuming alcoholic beverages, (ii) acceptable forms of identification, (iii) methods to detect fake and altered forms of identification, (iv) typical signs of intoxication, (v) methods of detecting intoxication in consumers, (vi) reasons to refuse delivery, including that a consumer failed to provide valid identification, was underage, or displayed signs of intoxication, and (vii) how to use ID scanning technology to verify a recipient’s age.

Delaware House Bill 2. Relating to the Creation of the Delaware Marijuana Control Act

This Act creates the Delaware Marijuana Control Act Oversight Committee. This Oversight Committee will coordinate the implementation of this Act with the Medical Marijuana Program, the Division of Public Health, the Division of Substance Abuse and Mental Health, and the public. The Delaware Marijuana Control Act regulates and taxes marijuana for recreational use in much the same manner as alcohol. It creates a framework for production, manufacture, and sale in a legal recreational marijuana industry.

Delaware Code, Commerce & Trade, Chapter 12B. Computer Security Breaches

(7) a. “Personal information” means a Delaware resident’s first name or first initial and last name in combination with any 1 or more of the following data elements that relate to that individual:

1. Social Security number.
2. Driver’s license number or state or federal identification card number.
3. Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to a resident’s financial account.
4. Passport number.
5. A username or email address, in combination with a password or security question and answer that would permit access to an online account.
6. Medical history, medical treatment by a health-care professional, diagnosis of mental or physical condition by a health care professional, or deoxyribonucleic acid profile.
7. Health insurance policy number, subscriber identification number, or any other unique identifier used by a health insurer to identify the person..
8. Unique biometric data generated from measurements or analysis of human body characteristics for authentication purposes.
9. An individual taxpayer identification number.

b. Personal information’’ does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or widely-distributed media.

Delaware House Bill 154. Creation of the Delaware Personal Data Privacy Act

Introduced 05/12/2023; Signed 09/11/2023.

This bill creates the Delaware Personal Data Privacy Act. The Act delineates a consumer’s personal data rights and provides that residents of this State will have the right to know what information is being collected about them, see the information, correct any inaccuracies, or request deletion of their personal data that is being maintained by entities or people. This Act is modeled after existing frameworks for data privacy in other jurisdictions. This Act will apply to entities that conduct business in the State of Delaware who controlled or processed the personal data of not less than 35,000 consumers or controlled or processed the personal data of not less than 10,000 consumers and derived more than 20 percent of their gross revenue from the sale of personal data. This Act requires Delaware Department of Justice to engage in public outreach to educate consumers and the business community about the Act beginning at least 6 months prior to the effective date of the Act.

Delaware Code, Commerce & Trade. Chapter 50C. Safe Destruction of PII

§ 5002C. Safe destruction of records.

In the event that a commercial entity seeks permanently to dispose of records containing consumers’ personal identifying information within its custody or control, such commercial entity shall take reasonable steps to destroy or arrange for the destruction of each such record by shredding, erasing, or otherwise destroying or modifying the personal identifying information in those records to make it unreadable or indecipherable.

§ 5004C. Exemptions.

This chapter does not apply to any of the following:

1. Any bank, credit union, or financial institution, as defined under the federal Gramm Leach Bliley Act, 15 U.S.C. § 6801 et seq., as amended, that is subject to the regulation of the Office of the Comptroller of Currency, the Federal Reserve, the National Credit Union Administration, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision and the U.S. Department of the Treasury, the Department of Business Regulation, or the Delaware Department of Insurance and is subject to the privacy and security provisions of the Gramm Leach Bliley Act;
2. Any health insurer or health-care facility that is subject to and in compliance with the standards for privacy of individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191]; or
3. Any consumer report agency that is subject to and in compliance with the Federal Credit Reporting Act, 15 U.S.C. § 1681 et seq., as amended; or
4. Any government, governmental subdivision, agency, or instrumentality.

Delaware Code, Chapter 23. Pawnbrokers, Secondhand Dealers & Scrap Metal Processors

(a) Every pawnbroker and secondhand dealer shall create a record and provide information regarding merchandise acquired via an electronic format to be determined by the Secretary of Safety and Homeland Security.

(1) Such record shall include, at a minimum, the following information:

• The date and time of purchase;
• The make, model, identifying markings, color, size, any listed serial number, International Mobile Station Equipment Identity (IMEI), the Mobile Equipment Identifier (MEID), any unique identifying number assigned by the manufacturer, or any other identifiable characteristics of the purchased item or items;
• If payment is based on weight for precious metal, the weight of the type of the metal shall be listed as well as any precious stone(s) which is a part of the item;
• The amount or other consideration paid for the merchandise;
• The name and address of the individual from whom the merchandise is acquired;
• The signature of the individual from whom the merchandise is acquired;

For each individual from whom the pawn broker or secondhand dealer acquires scrap metal:

1. The date of birth and driver’s license; or,
2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height and weight of the individual.

(2) Pawnbrokers and secondhand dealers shall collect a photograph of the seller and all information pertaining to the seller, required on the electronic form, for every transaction regardless of value.

(3) Automated kiosks shall collect a right thumbprint image of the seller and all information pertaining to the seller including photograph and valid government issued identification, required on the electronic form, for every transaction regardless of value.

If the article or good’s Serial Number, IMEI, MEID, or other unique identifying number is not available at the time of purchase or receipt from an automated kiosk, the report filed pursuant to this section must be updated with the Serial Number, IMEI, MEID, or other unique identifying number as soon as possible. The holding requirements in §2304(1) do not begin until all required reports are complete and submitted to the appropriate law enforcement agency.