Overview of Illinois ID scanning laws
Illinois has 8 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 Illinois?
Sometimes. There are some instances in which ID scanning is required, such as for cannabis purchases, or online purchases of tobacco products and vapes. However, ID scanning, or any collection of ID information, is restricted in Illinois except for the following circumstances:
- The information is obtained to verify the individual’s age, only for that purpose.
- The information is obtained in the course of a commercial transaction, only for completing that transaction, which includes all subsequent payment, processing, collection, and other related actions. Commercial solicitations and sale/lease/disclosure of the information to third parties are not deemed related actions.
- The individual gives express permission for the use.
- The information is obtained from a source other than the individual’s driver’s license.
- The information is used by a government agency.
- The transfer of information to third parties is required by law.
- The transfer of information to third parties is for detection or possible prosecution of criminal offenses or fraud.
- The information is provided by the individual in the course of a potential or complete employment, or commercial/business/professional transaction for the purpose of completing written documents including contracts, purchase orders, retail installment contracts, repair orders, applications, disclosure forms, or waiver forms.
Can you save data from a scanned ID in Illinois?
Illinois law restricts the storage of information obtained from a driver’s license, except if the individual has given express permission or if the information is being collected by a federal or state agency.
Does Illinois offer affirmative defense for ID scanning?
Illinois only refers to affirmative defense laws for ID scanning related to cannabis sales. There is no reference to affirmative defense for ID scanning for tobacco or alcohol sales.
What types of IDs does Illinois issue?
Illinois issues drivers licenses and state IDs, including REAL ID. Illinois also has a mobile drivers license (mDL) in development. The Illinois Secretary of State has stated the Illinois mDL will be available in Apple Wallet by the end of 2025.
Individual Illinois ID verification laws
Age verification for alcohol sales
Illinois requires that businesses check ID, but does not require electronic scanning or verification for alcohol sales.
Age verification for tobacco sales
Illinois requires that businesses check ID for in-person tobacco sales, and requires IDs be scanned for online sales.
Age verification for cannabis sales
Illinois requires that businesses scan IDs for access to dispensaries and cannabis sales. However, personal information cannot be stored without purchaser consent.
Unlawful uses of an ID in Illinois
It is illegal in Illinois to possess a fraudulent drivers license or permit, to use a canceled or revoked ID, or to lend an ID to another person.
Age verification for pornography
A proposed bill would require sites adopt age verification technology to prevent anyone under 18 from accessing pornographic content.
Age verification for social media
A proposed bill would prevent Illinois users under 18 from creating social media accounts without express consent of a parent or legal guardian.
Identity verification for notaries
Illinois law requires notaries verify identity, but does not require ID scanning. ID scanning may be useful for notaries in order to maintain the required logs.
Record keeping for resale dealers
Resale dealers are required to keep a record of IDs shown by any sellers. ID scanning can help create these records and ensure accuracy.
Data privacy laws in Illinois
Illinois has two laws regarding data privacy and the storage of personally identifiable information (PII). The Personal Information Protection Act (PIPA) requires any business or entity operating in Illinois:
- Inform Illinois residents if their PII has been compromised.
- Safely dispose of PII that is no longer needed for ongoing services or business operations.
- Implement and maintain security measures to protect records containing PII.
Personal data under PIPA includes social security numbers, ID and passport numbers, medical or financial account numbers, credit/debit card numbers, and account passports.
The Biometric Information Privacy Act (BIPA) prohibits private companies from collecting biometric data unless the business informs the person in writing of what data is being collected, how this data will be used, the length of time the data is stored, and receives written consent. Biometric data includes retina or iris scans, fingerprints, voiceprints, hand scans, facial geometry, and DNA.
The Illinois Data Privacy and Protection Act (HB3385) has been proposed to establish guidelines for the collection, processing, and transfer of personal information data.
