Last updated on October 4th, 2023 at 02:02 pm
Summary of Q4 2022 legislation relating to ID scanning or identity verification
The 2023 legislative sessions have begun in all but a handful of states. There has been far more activity this month than in the fourth quarter of last year on the regulation of scanning technology at the point of sale for tobacco alcohol products. Only one bill was signed into law this quarter, when the Governor of Pennsylvania signed the Breach of Personal Information Notification Act.
Data Security
In Montana two proposed bills would require the seller of tobacco products to scan a person’s government or tribal-issued identification.
Two proposed Oklahoma bills would require delivery service licensees to possess identification scanning technology or an alternative at the point of delivery of alcoholic beverages to authenticate that the recipient is 21 years of age or older. Similarly in Pennsylvania several bills seek to require the utilization of a transaction scan device to verify the age of the individual purchasing spirits or wine.
On November 03, 2022, Governor Wolf signed the Breach of Personal Information Notification Act. The Act provides for the notification of residents whose personal information data was or may have been disclosed due to a security system breach. Additionally, the Act provides a new permissible method of providing notice of a breach if the affected personal information consists of a username or email address in combination with a password. The Act will take effect on May 2, 2023.
Arizona H 2223 – Relating to the revision of several acts relating to liquor sales
Would revise statutes relating to the sale of liquor processes and procedures.
House Read Second Time, 01/23/2023
Hawaii S 1085 – Relating to biometric information privacy
Would establish standards for the collection, storage, retention, and destruction of biometric identifiers and biometric information by private entities.
Introduced, 01/20/2023
Mississippi H 73 – An act to prohibit certain retailers from using embedded technology in self-checkout to scan information on a license
Would prohibit certain retailers and retail establishments from using embedded technology programs in self-checkout terminals or self-service checkouts to scan information on a customer’s driver’s license.
Referred to Judiciary, 01/04/2023
Montana H 293 – An act revising laws relating to alternative nicotine and vapor products
Would require a seller of tobacco products to scan a person’s government or tribal-issued identification.
Fiscal Note Signed, 01/25/2023
Montana H 300 – An act revising laws relating to tobacco products to include alternative nicotine and vapor products
Would require a seller of tobacco products to scan a person’s government or tribal-issued identification.
House First Reading, 01/24/2023
Nevada A 53 – Revises provisions relating to sales of tobacco products
Would require that a person utilize scanning technology or other automated, software-based system to verify that the person is 21 years of age or older. A person found to be in violation of the requirement is liable for a civil penalty of $100 for each offense.
Referred to Committee of Revenue, 12/01/2023
New York A 02045 – Requiring New York City identity cards to be accepted as evidence of age or identification
Would require New York City identity cards to be accepted as valid written evidence of age or identification.
Referred to Cities, 01/23/2023
New York S 365 – Requiring companies to disclose their methods of de-identifying PII
Would enact the New York Privacy Act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared.
Referred to Consumer Protection, 01/04/2023
New York AB 1362 – Establishing the Biometric Privacy Act
Would enact the Biometric Privacy Act which would require private entities in possession of biometric identifiers or biometric information to develop a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied.
Referred to Consumer Affairs and Protection, 01/17/2023
New York S 2277 – Enacts the Digital Fairness Act
Would enact the Digital Fairness Act and require any entity that conducts business in New York and maintains the personal information of five hundred or more individuals to provide meaningful notice about the use of personal information.
Referred to Internet and Technology, 01/19/2023
Oklahoma H 1707 – Relating to age verification technology for alcohol delivery
Would require delivery service licensees to possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to authenticate that the recipient is at least 21 years of age and collect the recipient’s name and date of birth to deliver alcoholic beverages from a store.
House First Reading, 02/06/2023
Oklahoma H 2090 – Relating to age verification technology for alcohol delivery
Would require delivery service licensees to possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to authenticate that the recipient is at least 21 years of age and collect the recipient’s name and date of birth to deliver alcoholic beverages from a store.
House First Reading, 02/06/2023
Pennsylvania S 117 – Relating to ID scanning before the sale of alcohol
Would require utilization of a transaction scan device to verify the age of an individual who is under 35 years of age at the point of sale unless presented with a valid US armed forces identification card.
Referred to Law and Justice, 01/18/2023
Pennsylvania S 129 – Relating to the use of an ID scanning device for age verification during wine delivery
Would require spirit expanded permit holders to utilize a transaction scan device to verify the age of an individual who appears to be under 35 years of age at the point of sale or the point of delivery of wine.
Referred to Law and Justice, 01/19/2023
Pennsylvania S 131 – Relating to the use of an ID scanning device for age verification during wine delivery
Would require spirit expanded permit holders to utilize a transaction scan device to verify the age of an individual who appears to be under 35 years of age at the point of sale or the point of delivery of wine.
Referred to Law and Justice, 01/19/2023
Pennsylvania S 696 – Relating to providing notification to residents whose PII was or may have been disclosed in a security breach
Amends the Breach of Personal Information Notification Act. Expanding the definition of “personal information.” Additionally, provides a new permissible method of providing notice of a breach if the affected personal information consists of a username or email address in combination with a password. Amends the act of December 22, 2005.
Approved by Governor, 11/03/2022. Effective May 2, 2023
South Carolina S 425 – Relating to ID scanning during curbside, delivery, or pickup
Would require a retail dealer or delivery service employee to scan and retain, or manually record or document the recipient’s name, date of birth, type of identification presented and signature.
Referred to Committee on Judiciary, 01/19/2023
Tennessee S 339 – Enacts the Consumer Biometric Data Protection Act
Would enact the “Consumer Biometric Data Protection Act.”
Passed on First Consideration, 01/24/2023
Washington H 1616 – Relating to the creation of a charter of people’s personal data rights
Would create a charter of people’s personal data rights.
Referred to Civil Rights & Judiciary, 01/26/2023
Conclusion
Statewide legislation around privacy continues to be passed in states around the country.
