Can you scan IDs in Idaho?
Idaho 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 pawnbrokers and secondhand dealers, and purchase of controlled substances. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
Overview of Idaho 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.
Does Idaho offer affirmative defense for ID scanning?
Idaho offers affirmative defense for sales of tobacco products. It does not mention affirmative defense for sale of alcohol.
It shall be a misdemeanor for any person to refuse to present identification indicating age, when requested by a peace officer of the state of Idaho when:
(a) he or she shall possess, purchase, attempt to purchase or consume alcoholic liquor, as defined by section 23-105, Idaho Code; or
(b) he or she shall possess, purchase, attempt to purchase or consume beer as defined by section 23-1001, Idaho Code; or
(c) he or she is on a premises licensed to sell liquor by the drink at retail, or licensed to sell beer for consumption on the premises.
“Photographic identification” means state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport.
“Random unannounced inspection” means an inspection of retail outlets by a law enforcement agency or by the department, with or without the assistance of a minor, to monitor compliance of this chapter.
It shall be unlawful for a minor to provide false identification or make any false statement regarding their age in an attempt to obtain tobacco products or electronic smoking devices.
DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.
(1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor.
(2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.
On and after January 1, 2020, it shall be unlawful to sell or distribute tobacco products or electronic smoking devices from vending machines or self-service displays.
Reported Signed by Governor on 2/16/2017.
Information in the controlled substances prescriptions database shall be retained for a period of five (5) years from the date the controlled substance was dispensed.
(1) At the time of a transaction, every scrap metal business doing business in this state shall produce, wherever that business is conducted, an accurate and legible record of each transaction involving nonferrous metal property or stainless steel metal property. This record must be written in the English language, documented on a standardized form or in electronic form, retained for five (5) years and contain the following information:
- The signature of the person with whom the transaction is made;
- The date, location and value of the transaction;
- The name of the employee representing the scrap metal business in the transaction;
- The name and street address of the person with whom the transaction is made;
- A photocopy or digital image of a current driver’s license that is valid to operate a motor vehicle in the state of Idaho or a United States or Idaho government-issued picture identification of the seller; and
- The license plate number of any vehicle required to have such a plate, if any, used by the person with whom the transaction is made.